GUARANTY OF INVESTMENT OBLIGATIONS (THL)May 2nd, 2005
FiledMay 2nd, 2005This Guaranty of Investment Obligations (“Guaranty”) is made as of , by Transurban Holdings Limited, an Australian corporation (the “Guarantor”), to the Virginia Department of Transportation, a department of the Commonwealth of Virginia (the “Department”), with respect to the Investment Obligation (as defined herein) of Transurban (USA) Inc., a Delaware corporation (“Transurban”), under that certain Comprehensive Agreement to Develop, Design, Finance, Construct, Maintain and Operate the Route 495 HOT Lanes in Virginia (the “Comprehensive Agreement”) dated as of April 28, 2005, by and among the Department, Fluor Enterprises, Inc., a California corporation (“Fluor”), and Transurban. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Comprehensive Agreement. As a condition to entering into the Comprehensive Agreement, the Department has required the Guarantor to execute and deliver this Guaranty. Transurban is a wholly-owned subsidiary