References to certain general terms. Unless the contrary intention appears, a reference in this Agreement to: (a) (variations or replacement) a document (including this Agreement) includes any variation or replacement of it; (b) (clauses and schedules) a clause or schedule is a reference to a clause in or schedule to this Agreement; (c) (reference to statutes) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (d) (headings) headings are for convenience only and do not affect interpretation; (e) (law) law means common law, principles of equity, laws made by parliament in any jurisdiction (and laws made by parliament including legislation, regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them) and any court order which a person is required by law to comply with; (f) (singular includes plural) the singular includes the plural and vice versa; (g) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency; (h) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns; (i) (joint and individually promisees) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually; (j) (jointly and individually promisors) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually; (k) (reference to a group of persons) a group of persons or things is a reference to any two or more of them jointly and to each of them individually; (l) (calculation of time) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day; (m) (reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later; (n) (meaning not limited) the words “include”, “including”, “for example” or “such as”, when introducing an example, does not limit the meaning of the words to which the example relates to that example or examples of a similar kind; (o) (time of day) time is a reference to Adelaide time; (p) (writing and form) a reference to writing includes any method of represent...

References to certain general terms. Unless the contrary intention appears, a reference in this Agreement to: (a) (variation or replacement) a document (including this Agreement) includes any variation or replacement of it; (b) (references to Schedules and Clauses) references to Schedules and Clauses are to the Schedules and Clauses of this Agreement; (c) (internal references) the terms “hereof”, “herein”, “hereby”, “hereto”, and derivative or similar words refer to this entire Agreement, including the Schedules; (d) (references to statutes) a statute, ordinance, code or other law includes regulations and other instruments made under it; (e) (law) a law means: (i) statutes; (ii) rules, regulations, guidelines, directives, treaties, judgments, decrees, orders or notices of each Government Authority; and (iii) laws, executive orders and decrees of the government of each Government Authority from time to time, together in each case with consolidations, amendments, re-enactments or replacements of any of them; (f) (singular includes plural) the singular includes the plural and vice versa; (g) (references to genders) references to one gender includes all other genders; (h) (person) the word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any Government Authority; (i) (executors, administrators, successors) a particular person includes a reference to the person’s executors, administrators, successors and substitutes (including, persons taking by novation) and assigns; (j) (reference to a group of persons) a group of persons or things is a reference to any two (2) or more of them jointly and to each of them individually; (k) (money) an amount of money is, unless otherwise stated, a reference to the lawful currency of the United States; (l) (calculation of time) a period of time that dates from a given day or the day of an act or event is to be calculated exclusive of that day; (m) (reference to a day) a day is to a calendar day and is to be interpreted as the period of time commencing at midnight and ending twenty-four (24) hours later; and (n) (meaning not limited) the words “include”, “including”, “for example” or “such as” are not to be interpreted as words of limitation, and when such words introduce an example, they do not limit the meaning of the words to which the example relates, or to examples of a similar kind, and the word “or” shall not be exclusive.

References to certain general terms. Unless the contrary intention appears, a reference in a Transaction Document to:

References to certain general terms. Unless the contrary intention appears, a reference to: (a) a group of persons is a reference to any two or more of them jointly and to each of them individually; (b) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually; (c) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually, but an agreement, representation or warranty by the Security Trustee, the Agent or the Participant binds the Security Trustee, Agent or Participant, as the case may be, individually only;

References to certain general terms. 56 NUMBER............................................................................. 57 HEADINGS........................................................................... 57 SCHEDULE 1 - CONDITIONS PRECEDENT (CLAUSE 2.4)............................................ 58 SCHEDULE 2 - INITIAL DRAWDOWN NOTICE (CLAUSE 2.2)......................................... 62 SCHEDULE 3 - BORROWING BASE CERTIFICATE................................................... 63 SCHEDULE 4 - EXCLUSIONARY CRITERIA........................................................ 64 SCHEDULE 5 - LETTERS OF CREDIT (CLAUSE 2.11).............................................. 67 REQUESTING A LETTER OF CREDIT...................................................... 67 LETTER OF CREDIT FACILITY LIMIT.................................................... 67 EFFECT OF A LETTER OF CREDIT APPLICATION........................................... 67 CONDITIONS PRECEDENT TO ISSUE OF AN LC............................................. 67

References to certain general terms. Unless the contrary intention appears, a reference in the Standing Offer Agreement deed and a Request for Service to: (variation or replacement) a document (including the Standing Offer Agreement deed and a Request for Service) includes any variation or replacement of it; (clauses, annexures and schedules) a clause, Schedule, Annexure, Attachment or Exhibit is a reference to a clause in, or a Schedule, Annexure, Attachment or Exhibit to, the Standing Offer Agreement deed or, in relation to a Request for Service, that Request for Service;

References to certain general terms. Unless the contrary intention appears, in this agreement any reference to: (a) a group of persons is a reference to any two or more of them jointly and to each of them individually; (b) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually; (c) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually, but an agreement, representation or warranty by a Dealer binds the Dealer, individually only; (d) anything (including an amount) is a reference to the whole and each part of it; (e) a document (including this agreement) includes any variation or replacement of it; (f) law includes common law, principles of equity, and any law made by any parliament or other applicable governmental body (and a law made by a parliament or other applicable governmental body includes any regulation or other instrument under it, and any consolidation, amendment, re-enactment or replacement of it); (g) a directive includes a treaty, official directive, request, regulation, guideline or policy (whether or not having the force of law) with which responsible participants in the relevant market generally comply; (h) Australian dollars or A$ is a reference to the lawful currency of Australia; (i) New Zealand dollars or NZ$ is a reference to the lawful currency of New Zealand; (j) a time of day is a reference to Sydney time; (k) the word “person” includes an individual, a firm, a body corporate, an unincorporated association, a limited liability company, a joint-stock company or, a partnership, a joint venture, a trust (including a business trust), an authority or any other entity; (l) a particular person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns; (m) the words “including”, “for example” or “such as” when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and (n) a reference to an accounting term is to be interpreted in accordance with generally accepted principles in the United States applicable at the time.

References to certain general terms. Unless the contrary intention appears, a reference in this Agreement to: i. a group of persons is a reference to any two or more of them jointly and to each of them individually; ii. anything under this Agreement to any other party in any manner whatsoever; or b. sell, transfer or otherwise dispose of a significant portion of its assets in any manner whatsoever .

References to certain general terms. Unless the contrary intention appears, in this agreement: (a) a reference to any thing (including an amount) is a reference to the whole and each part of it; (b) a reference to a document (including this agreement) includes any variation or replacement of it; (c) the word “law” includes common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Standby Subscription Agreement 28 September 2010 900999 v1/HN 6 Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them); (d) a reference to accounting standards is a reference to the accounting standards as defined in the Corporations Act and a reference to an accounting term is a reference to that term as it is used in those accounting standards, or, if not inconsistent with those standards, in accounting principles and practices generally accepted in Australia; (e) a reference to Australian dollars, dollars, $ or A$ is a reference to the lawful currency of Australia; (f) a reference to a time of day is a reference to Melbourne time; (g) the word “person” includes an individual, a firm, a body corporate, an unincorporated association and an authority; (h) a reference to a particular person includes the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns; (i) the words “including”, “for example” or “such as” when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; (j) a Termination Event or Potential Termination Event, or Review Event is “continuing” if it has not been waived by, or remedied to the satisfaction of, Fortrend Securities; (k) a reference to the Corporations Act is a reference to the Corporations Xxx 0000 (Cwlth).

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