Inclusion of an acknowledgment that the SUFA form of the TD may be Sample Clauses

Inclusion of an acknowledgment that the SUFA form of the TD may be amended as required in order to permit third party finance, subject to Aurizon Network as an Ordinary Unit Holder not being materially affected Aurizon Network does not support this proposal. The principle that an amendment to the approved template of SUFA documentation could be made without its consent is not acceptable to Aurizon Network. A template that is only binding on Aurizon Network but not on other parties cannot be considered a template, as this will operate in practice to invite changes to the standard form TD. Any change is likely to affect Aurizon Network’s rights and expose it to risks that it has not agreed to or anticipated in the standard suite of SUFA documents. Aurizon Network does not consider that the protection based on ‘no material adverse effect’ is an effective protection as it places the onus on Aurizon Network to assess every change for materiality and to challenge each change without any certainty of outcome. The proposed protection also only seeks to address risks to Aurizon Network in its capacity as a unit holder and not generally under the SUFA documentation.