Common use of Paying Duties Clause in Contracts

Paying Duties. (a) Notwithstanding the provisions of Sections 6 of the Agency Agreement: (i) The payment referred to in Section 6.03 will be made to the Australian Agent not later than 2:00 p.m. (local time in Sydney) one Sydney Banking Day prior to the due date for payment of that amount); and (ii) the time for confirming that irrevocable instructions for the transfer of the relevant funds shall be before 2:00 p.m. (local time in Sydney) two Sydney Banking Days prior to the due date for payment of that amount. (b) Notwithstanding the provisions of Section 8 of the Agency Agreement: (i) The Australian Agent’s obligations under Section 8.01 of the Agency Agreement with respect to any payment due on the Australian Covered Bonds on any date are subject to the Issuer or the Guarantor LP paying or causing to be paid to the Australian Agent an amount sufficient (together with any funds then held by the Australian Agent) to pay the full amount due as provided in clause 5(a)(i). (ii) If the Issuer or the Guarantor LP does not satisfy the conditions specified in clause 5(a)(i) in respect of any payment but nonetheless pays the required amount to the Australian Agent, the Australian Agent must pay or arrange to be paid the amounts due on the Australian Covered Bonds in accordance with Section 8.01 of the Agency Agreement on the due date or, if the amounts are received by the Australian Agent at a later time, as soon as reasonably practicable after the Australian Agent confirms receipt of the required amount. (iii) The Australian Agent is under no obligation to make or arrange to be made payments on the Australian Covered Bonds except as provided by Section 8 of the Agency Agreement as supplemented by this clause 5. (iv) The Australian Agent will notify by facsimile each of the Bond Trustee and the Issuer if it has not received or the Issuer notifies it that it will not receive the full amount payable on the Australian Covered Bonds on or before the due date for payment of that amount. (v) The Australian Agent must hold all moneys paid to it under the Agency Agreement in its trust account for the benefit of (or on such other terms as may be specified by) the Issuer (in the case of money paid by the Issuer) or the Guarantor LP (in the case of money paid by the Guarantor LP) pending application towards payment of the relevant amount due on the Australian Covered Bonds. If so directed by the Issuer or the Guarantor LP (as the case may be) prior to such application, the Australian Agent must repay the relevant amount to the Issuer or the Guarantor LP (as the case may be). (c) The provisions of this clause 5(c) apply in respect of Australian Covered Bonds lodged in the Austraclear System. In making any payment of principal or any interest on any Australian Covered Bonds, the Australian Agent shall make such payment by cash transfer effected in the Austraclear System by a single function entry (or as otherwise required) to the account of each entity in whose Security Record (as defined in the rules and regulations established by Austraclear (as amended or replaced from time to time) to govern the use of the Austraclear System, the “Austraclear Regulations”) an Australian Covered Bond is recorded in accordance with the Austraclear Regulations. (d) Where an Extended Due for Payment Date is specified as applicable to the Australian Covered Bonds in the applicable Pricing Supplement, upon the Issuer providing notice to the Australian Agent, in accordance with Condition 6.01, that payment will not be made in full of the Final Redemption Amount in respect the Australian Covered Bonds on the Final Maturity Date, the Australian Agent shall immediately apply to Austraclear to activate/reactivate the ISIN code applicable to such Australian Covered Bonds for the period commencing on the Maturity Date and lasting until the Extended Due for Payment Date.

Paying Duties. (a) Notwithstanding the provisions of Sections 6 of the Agency Agreement: (i) The payment referred to in Section 6.03 will be made to the Australian Agent not later than 2:00 p.m. (local time in Sydney) one Sydney Banking Day prior to the due date for payment of that amount); and (ii) the time for confirming that irrevocable instructions for the transfer of the relevant funds shall be before 2:00 p.m. (local time in Sydney) two Sydney Banking Days prior to the due date for payment of that amount. (b) Notwithstanding the provisions of Section 8 5 of the Agency Agreement:, but subject to the provisions of this supplemental agreement, the Australian Agent will pay all amounts due in respect of the Australian Covered Bonds on the due dates for such payments in accordance with the terms and conditions of the Australian Covered Bonds. (iii) The Australian Agent’s obligations under Section 8.01 of the Agency Agreement clause 3(c)(i) with respect to any payment due on the Australian Covered Bonds on any date are subject to the Issuer or the Guarantor LP paying or causing to be paid to the Australian Agent an amount sufficient (together with any funds then held by the Australian Agent) to pay the full amount due as provided not later than 2.00 pm (local time in clause 5(a)(i)Sydney) one Business Day prior to the due date for payment of that amount. (iiiii) If the Issuer or the Guarantor LP does not satisfy the conditions specified in clause 5(a)(i3(c)(ii) in respect of any payment but nonetheless pays the required amount to the Australian Paying Agent, the Australian Paying Agent must pay or arrange to be paid the amounts due on the Australian Covered Bonds in accordance with Section 8.01 of the Agency Agreement clause 3(c)(i) on the due date or, or (if the amounts are received by the Australian Agent at a later time, later) as soon as reasonably practicable after the Australian Agent it confirms receipt of the required amount. (iiiiv) The Australian Agent is under no obligation to make or arrange to be made payments on the Australian Covered Bonds except as provided by Section 8 of the Agency Agreement as supplemented by this clause 53(c). (ivv) The Australian Agent will notify by facsimile each of the Bond Trustee and the Issuer if it has not received or the Issuer notifies it that it will not receive the full amount payable on the Australian Covered Bonds on or before any date by the due date for payment of that amount. (vvi) The Australian Agent must hold all moneys paid to it under the Agency Agreement this supplemental agreement in its trust account for the benefit of (or on such other terms as may be specified by) the Issuer (in the case of money paid by the Issuer) or the Guarantor LP (in the case of money paid by the Guarantor LPGuarantor) pending application towards payment of the relevant amount due on the Australian Covered BondsBond. If so directed by the Issuer or the Guarantor LP (as the case may be) prior to such application, the Australian Agent must repay the relevant amount to the Issuer or the Guarantor LP (as the case may be). (c) The provisions of this clause 5(c) apply in respect of Australian Covered Bonds lodged in the Austraclear System. In making any payment of principal or any interest on any Australian Covered Bonds, the Australian Agent shall make such payment by cash transfer effected in the Austraclear System by a single function entry (or as otherwise required) to the account of each entity in whose Security Record (as defined in the rules and regulations established by Austraclear (as amended or replaced from time to time) to govern the use of the Austraclear System, the “Austraclear Regulations”) an Australian Covered Bond is recorded in accordance with the Austraclear Regulations. (d) Where an Extended Due for Payment Date is specified as applicable to the Australian Covered Bonds in the applicable Pricing Supplement, upon the Issuer providing notice to the Australian Agent, in accordance with Condition 6.01, that payment will not be made in full of the Final Redemption Amount in respect the Australian Covered Bonds on the Final Maturity Date, the Australian Agent shall immediately apply to Austraclear to activate/reactivate the ISIN code applicable to such Australian Covered Bonds for the period commencing on the Maturity Date and lasting until the Extended Due for Payment Date.

Paying Duties. (a) Notwithstanding the provisions of Sections 6 of the Agency Agreement: (i) The payment referred to in Section 6.03 will be made to the Australian Agent not later than 2:00 p.m. (local time in Sydney) one Sydney Banking Day prior to the due date for payment of that amount); and (ii) the time for confirming that irrevocable instructions for the transfer of the relevant funds shall be before 2:00 p.m. (local time in Sydney) two Sydney Banking Days prior to the due date for payment of that amount. (b) Notwithstanding the provisions of Section 8 6 of the Agency Agreement:, but subject to the provisions of this supplemental agreement, the Australian Agent will pay all amounts due in respect of the Australian Covered Bonds on the due dates for such payments in accordance with the Conditions. (iii) The Australian Agent’s obligations under Section 8.01 of the Agency Agreement clause 3(c)(i) with respect to any payment due on the Australian Covered Bonds on any date are subject to the Issuer or the Guarantor LP paying or causing to be paid to the Australian Agent an amount sufficient (together with any funds then held by the Australian Agent) to pay the full amount due not later than 2.00 pm (local time in Sydney) one Business Day prior to the due date for payment of that amount. For greater certainty, the Australian Agent has no liability to the Issuer or a holder of Australian Covered Bonds for the non-payment or delayed payment of any amount payable to a holder of Australian Covered Bonds to the extent that the Issuer has not complied with this clause 3(c)(ii), including liability for any claim made by a holder of Australian Covered Bonds for the amount of any interest it has failed to earn as provided in clause 5(a)(i)a result of the non-payment or delayed payment. (iiiii) If the Issuer or the Guarantor LP does not satisfy the conditions specified in clause 5(a)(i3(c)(ii) in respect of any payment but nonetheless pays the required amount to the Australian Paying Agent, the Australian Paying Agent must pay or arrange to be paid the amounts due on the Australian Covered Bonds in accordance with Section 8.01 of the Agency Agreement clause 3(c)(i) on the due date or, or (if the amounts are received by the Australian Agent at a later time, later) as soon as reasonably practicable after the Australian Agent it confirms receipt of the required amount. (iiiiv) The Australian Agent is under no obligation to make or arrange to be made payments on the Australian Covered Bonds except as provided by Section 8 of the Agency Agreement as supplemented by this clause 53(c). (ivv) The Australian Agent will notify by facsimile each of the Bond Trustee and the Issuer if it has not received or the Issuer notifies it that it will not receive the full amount payable on the Australian Covered Bonds on or before any date by the due date for payment of that amount. (vvi) The Australian Agent must hold all moneys paid to it under the Agency Agreement this supplemental agreement in its trust account for the benefit of (or on such other terms as may be specified by) the Issuer (in the case of money paid by the Issuer) or the Guarantor LP (in the case of money paid by the Guarantor LPGuarantor) pending application towards payment of the relevant amount due on the Australian Covered BondsBond. If so directed by the Issuer or the Guarantor LP (as the case may be) prior to such application, the Australian Agent must repay the relevant amount to the Issuer Issue or the Guarantor LP (as the case may be). (c) The provisions of this clause 5(c) apply in respect of Australian Covered Bonds lodged in the Austraclear System. In making any payment of principal or any interest on any Australian Covered Bonds, the Australian Agent shall make such payment by cash transfer effected in the Austraclear System by a single function entry (or as otherwise required) to the account of each entity in whose Security Record (as defined in the rules and regulations established by Austraclear (as amended or replaced from time to time) to govern the use of the Austraclear System, the “Austraclear Regulations”) an Australian Covered Bond is recorded in accordance with the Austraclear Regulations. (d) Where an Extended Due for Payment Date is specified as applicable to the Australian Covered Bonds in the applicable Pricing Supplement, upon the Issuer providing notice to the Australian Agent, in accordance with Condition 6.01, that payment will not be made in full of the Final Redemption Amount in respect the Australian Covered Bonds on the Final Maturity Date, the Australian Agent shall immediately apply to Austraclear to activate/reactivate the ISIN code applicable to such Australian Covered Bonds for the period commencing on the Maturity Date and lasting until the Extended Due for Payment Date.

Paying Duties. (a) Notwithstanding the provisions of Sections 6 of the Agency Agreement: (i) The payment referred to in Section 6.03 will be made to the Australian Agent not later than 2:00 p.m. (local time in Sydney) one Sydney Banking Day prior to the due date for payment of that amount); and (ii) the time for confirming that irrevocable instructions for the transfer of the relevant funds shall be before 2:00 p.m. (local time in Sydney) two Sydney Banking Days prior to the due date for payment of that amount. (b) Notwithstanding the provisions of Section 8 5 of the Agency Agreement:, but subject to the provisions of this amended and restated supplemental agreement, the Australian Agent will pay all amounts due in respect of the Australian Covered Bonds on the due dates for such payments in accordance with the Conditions. (iii) The Australian Agent’s obligations under Section 8.01 of the Agency Agreement clause 3(c)(i) with respect to any payment due on the Australian Covered Bonds on any date are subject to the Issuer or the Guarantor LP paying or causing to be paid to the Australian Agent an amount sufficient (together with any funds then held by the Australian Agent) to pay the full amount due as provided not later than 2.00 pm (local time in clause 5(a)(i)Sydney) one Business Day prior to the due date for payment of that amount. (iiiii) If the Issuer or the Guarantor LP does not satisfy the conditions specified in clause 5(a)(i3(c)(ii) in respect of any payment but nonetheless pays the required amount to the Australian Paying Agent, the Australian Paying Agent must pay or arrange to be paid the amounts due on the Australian Covered Bonds in accordance with Section 8.01 of the Agency Agreement clause 3(c)(i) on the due date or, or (if the amounts are received by the Australian Agent at a later time, later) as soon as reasonably practicable after the Australian Agent it confirms receipt of the required amount. (iiiiv) The Australian Agent is under no obligation to make or arrange to be made payments on the Australian Covered Bonds except as provided by Section 8 of the Agency Agreement as supplemented by this clause 53(c). (ivv) The Australian Agent will notify by facsimile each of the Bond Trustee and the Issuer if it has not received or the Issuer notifies it that it will not receive the full amount payable on the Australian Covered Bonds on or before any date by the due date for payment of that amount. (vvi) The Australian Agent must hold all moneys paid to it under the Agency Agreement this amended and restated supplemental agreement in its trust account for the benefit of (or on such other terms as may be specified by) the Issuer (in the case of money paid by the Issuer) or the Guarantor LP (in the case of money paid by the Guarantor LPGuarantor) pending application towards payment of the relevant amount due on the Australian Covered BondsBond. If so directed by the Issuer or the Guarantor LP (as the case may be) prior to such application, the Australian Agent must repay the relevant amount to the Issuer or the Guarantor LP (as the case may be). (c) The provisions of this clause 5(c) apply in respect of Australian Covered Bonds lodged in the Austraclear System. In making any payment of principal or any interest on any Australian Covered Bonds, the Australian Agent shall make such payment by cash transfer effected in the Austraclear System by a single function entry (or as otherwise required) to the account of each entity in whose Security Record (as defined in the rules and regulations established by Austraclear (as amended or replaced from time to time) to govern the use of the Austraclear System, the “Austraclear Regulations”) an Australian Covered Bond is recorded in accordance with the Austraclear Regulations. (d) Where an Extended Due for Payment Date is specified as applicable to the Australian Covered Bonds in the applicable Pricing Supplement, upon the Issuer providing notice to the Australian Agent, in accordance with Condition 6.01, that payment will not be made in full of the Final Redemption Amount in respect the Australian Covered Bonds on the Final Maturity Date, the Australian Agent shall immediately apply to Austraclear to activate/reactivate the ISIN code applicable to such Australian Covered Bonds for the period commencing on the Maturity Date and lasting until the Extended Due for Payment Date.