PROSPECTIVE LIABILITY. The parties acknowledge that for the purpose of fixing priorities between the Charge and any subsequent charge registered or registrable under the Corporations Act and for no other purposes, the Charge secures each Chargor’s prospective liability (being the liability to pay its Secured Money, its liability to perform the Secured Obligations and its liability to indemnify the Enforcing Party as provided in this document) up to a maximum of $150 billion. The Charge may also secure prospective liabilities in excess of this specified maximum amount.
PROSPECTIVE LIABILITY. (a) Subject to clause 2.3 (Increase in prospective liability), for the purpose of the Corporations Xxx 0000 the maximum prospective liability (as defined in the Corporations Act 2001) secured by this Deed is A$10,000,000 or its equivalent but this paragraph does not limit the amount of liability at any time secured by or recoverable under this Deed.
(b) The nature of that prospective liability is advances, interest, fees, costs, indemnities and other amounts included in the definition of Secured Money.
PROSPECTIVE LIABILITY. For the purpose of the Corporations Law the maximum prospective liability (as defined in the Corporations Law) secured by this deed at any time is A$2,000,000,000,000 and the total amount recoverable under this deed is limited to A$2,000,000,000,000 or its equivalent in another currency.
PROSPECTIVE LIABILITY. For the purpose only of section 282(3) of the Corporations Law the specified maximum amount of the prospective liability secured by the Charge is $200,000,000. The nature of the prospective liability is as shown on the notice lodged with the Charge with the Australian Securities Commission. Nothing in this clause 3.6 will limit, or put the Security Trustee under any obligation to do any act or thing so as to increase, the amount of the money secured by the Charge.
PROSPECTIVE LIABILITY. For the purpose only of fixing priorities under section 282 of the Corporations Act, the prospective liabilities (within the meaning of section 261 of the Corporations Act) secured by this mortgage include the obligations of the Mortgagor to pay or repay the Secured Money including all principal and amounts in the nature of principal, interest and amounts in the nature of interest, fees, costs, amounts due under indemnities and all other amounts coming within the definition of Secured Money up to $100,000,000,000 (or, if the principal amount secured is greater than this amount, a figure which is at least double the principal amount).
PROSPECTIVE LIABILITY. (a) The parties acknowledge that the maximum amount of the prospective liability secured by this deed for the purposes of establishing priority under section 282(3) of the Corporations Act is AUD$120,000,000.
(b) The Security Trustee may from time to time lodge a notice under section 268(2) of the Corporations Act on behalf of the Mortgagor specifying an increase in the maximum amount of the prospective liability referred to in clause 2.3(a) and from the date of lodgement the amount specified in clause 2.3(a) is to be regarded as varied to the amount specified in that notice.
(c) Neither clause 2.3(a) nor clause 2.3(b) in any way affects or limits the actual amount of Secured Obligations which may in fact be secured by the Mortgage.
(d) Clauses 2.3(a), (b) and (c) are to be construed independently of each other.
PROSPECTIVE LIABILITY. No Paying Agent shall be under any obligation to take any action under this Agreement which it expects will result in any expense or liability accruing to it, the payment of which within a reasonable time is not, in its opinion, assured to it.
PROSPECTIVE LIABILITY. (a) The parties acknowledge that the maximum amount of the prospective liability secured by this Deed for the purposes of establishing priority under section 282(3) of the Corporations Act, is $5,000,000,000.
(b) The Security Trustee may from time to time lodge a notice under s268(2) of the Corporations Act on behalf of the Issuing Trustee specifying an increase in the maximum amount of the prospective liability referred to in -------------------------------------------------------------------------------- page 15 Security Trust Deed - SMHL Global Fund [ ]-[ ]
PROSPECTIVE LIABILITY. For the purpose of the Corporations Law the maximum prospective liability (as defined in the Corporations Law) secured by this deed at any time is [A$3,000,000,000,000] and the total amount recoverable under this deed is limited to [A$3,000,000,000,000] or its equivalent in another currency.
PROSPECTIVE LIABILITY. (A) Subject to paragraph (D), below, for the purpose of the Corporations Xxx 0000 the maximum prospective liability (as defined in the Corporations Act 2001) secured by this Agreement is A$125,000,000 or its equivalent but this clause does not limit the amount of actual liability at any time secured by or recoverable under this Agreement.
(B) In addition to that prospective liability, this Agreement also secures a prospective liability (as defined in the Corporations Act 2001) of an unspecified amount, being all other money which may become due or owing or payable to the Grantee or any Australian Sub-facility Lender under this Agreement and, except for the purposes of s282(3) of the Corporations Xxx 0000, this Agreement is not in any way limited to the amount in paragraph (a).
(C) The nature of that prospective liability is advances, interest, fees, costs, indemnities and other amounts included in the definition of Obligations.
(D) From time to time, the Grantee may lodge a notice under s268(2) of the Corporations Xxx 0000 on behalf of the Grantor specifying an increase in the maximum prospective liability secured by this Agreement. From the date of lodgement the sum specified in paragraph (A) will be taken to be varied to the sum specified in the notice.
