RESTRICTED REMEDIES Clause Samples

RESTRICTED REMEDIES. Except as provided in clauses 23.3 and 23.2(c) neither any Paying Agent nor the Calculation Agent shall: (a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee; (b) (STATUTORY DEMAND) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against the Trustee; (c) (WINDING UP) apply for the winding up or dissolution of the Trustee; (d) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee; (e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Trustee; -------------------------------------------------------------------------------- Page 26 Agency Agreement [ALLENS ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LOGO] -------------------------------------------------------------------------------- (f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee; or (g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and each Paying Agent and the Calculation Agent waives its rights to make those applications and take those proceedings.

RESTRICTED REMEDIES. Except as provided in clause 27.3, the Redraw Facility Provider shall not: (a) (judgment) obtain a judgment for the payment of money or damages by the Trustee; (b) (statutory demand) issue any demand under s459E(1) of the Corporations Law (or any analogous provision under any other law) against the Trustee; (c) (winding up) apply for the winding up or dissolution of the Trustee; (d) (execution) levy or enforce any distress or other execution to, on, or against any assets of the Trustee; (e) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of the Trustee; (f) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against the Trustee; or (g) (administrator) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and the Redraw Facility Provider waives its rights to make those applications and take those proceedings.

RESTRICTED REMEDIES. Party A shall not, in connection with this Agreement: (i) (judgment) obtain a judgement for the payment of money or damages by Party B; (ii) (statutory demand) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against Party B; (iii) (winding up) apply for the winding up or dissolution of Party B; (iv) (execution) levy or enforce any distress or other execution to, on, or against any assets of Party B; (v) (court appointed receiver) apply for the appointment by a court of a receiver to any of the assets of Party B; (vi) (set-off or counterclaim) exercise or seek to exercise any set-off or counterclaim against Party B; (vii) (administrator) appoint, or agree to the appointment, of any administrator to Party B; or take proceedings for any of the above and Party A waives its right to make those applications and take those proceedings.

RESTRICTED REMEDIES. Except as provided in clauses 23.3 and 23.2

RESTRICTED REMEDIES. Page 19 ▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇ -------------------------------------------------------------------------------- SERIES 1999-1G WST TRUST REDRAW FACILITY AGREEMENT Except as provided in clause 27.3, the Redraw Facility Provider shall not: (a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Trustee; (b) (STATUTORY DEMAND) issue any demand under s459E(1) of the Corporations Law (or any analogous provision under any other law) against the Trustee; (c) (WINDING UP) apply for the winding up or dissolution of the Trustee; (d) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee; (e) (COURT APPOINTED RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Trustee; (f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee; or (g) (ADMINISTRATOR) appoint, or agree to the appointment, of any administrator to the Trustee, or take proceedings for any of the above and the Redraw Facility Provider waives its rights to make those applications and take those proceedings.

RESTRICTED REMEDIES. Except as provided in clause 29.1 and subject to clause 29.3, a party shall not: (a) (STATUTORY DEMAND) issue any demand under s459E(1) of the Corporations Act (or any analogous provision under any other law) against the Trustee; (b) (WINDING UP) apply for the winding up or dissolution of the Trustee; (c) (EXECUTION) levy or enforce any distress or other execution to, on, or against any assets of the Trustee (other than the Trust Assets); (d) (COURT APPOINTED RECEIVER) apply for the appointment by a court or a receiver to any of the assets of the Trustee (other than the Trust Assets); (e) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Trustee (other than in respect of the Trust Assets); or (f) (ADMINISTRATOR) appoint, or agree to the appointment of, any administrator to the Trustee, or take proceedings for any of the above and a party waives its rights to make those applications and take those proceedings.

RESTRICTED REMEDIES. Except as provided in clause 15.2, the Seller shall not, to the extent to which the Company is not liable under clause 15.1: (a) (JUDGMENT) apply or take any proceedings for the obtaining of a judgment for the payment of money or damages by the Company; (b) (WINDING UP) apply or take any proceedings for the winding up of the Company; (c) (EXECUTION) levy or enforce any distress or other execution to on or against any assets of the Company or take any proceedings for that purpose; (d) (COURT APPOINTED RECEIVER) apply to take any proceedings for the appointment of a receiver by a court to any of the assets of the Company; or (e) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise or take any proceedings for the exercising of any right of set-off or counterclaim against the Company, and the Seller waives its rights in respect of those applications and proceedings.

RESTRICTED REMEDIES. Except as provided in clause 23.1(c) (DURATION OF LIMIT) and clause 23.3 (UNRESTRICTED REMEDIES), the Lender shall not, in relation to any liability for which the Borrower is not liable under clause 23.1 (LIMIT AND RELEASE); (a) (JUDGMENT) obtain a judgment for the payment of money or damages by the Borrower; (b) (STATUTORY DEMAND) issue any demand under s459E(l) of the Corporations Act 2001 (or any analogous provision u▇▇▇▇ ▇▇▇ other law) against the Borrower; (c) (WINDING UP) apply for the winding up of the Borrower; (d) (EXECUTION) levy or enforce any distress or other execution to, on or against any asset of the Borrower; (e) (C▇▇▇▇ ▇▇▇▇▇▇▇▇▇ RECEIVER) apply for the appointment by a court of a receiver to any of the assets of the Borrower; and (f) (SET-OFF OR COUNTERCLAIM) exercise or seek to exercise any set-off or counterclaim against the Borrower, or take proceedings for any of the above and the Lender waives its rights in respect of those applications and proceedings.

RESTRICTED REMEDIES. Except as provided in clauses 23.3 and 23.2(c) neither any Paying Agent nor the Calculation Agent shall: (a) (judgment) obtain a judgment for the payment of money or damages by the Trustee; (b) (statutory demand) issue any demand under section 459E(1) of the Corporations ▇▇▇ ▇▇▇▇ (Cth) (or any analogous provision under any other law) against the Trustee; (c) (winding up) apply for the winding up or dissolution of the Trustee;