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1) Notwithstanding any provision in the Existing Syndicated Facility Agreement to the contrary, from the Financing Restructure Date each New Lender is, and is deemed to be, a Lender under the Restated Syndicated Facility Agreement enjoying all of the rights and assuming all of the obligations of a Lender as provided in, and contemplated by, the Restated Syndicated Facility Agreement, each New Lender having the Commitment relating to it specified therein. 2) Each Obligor that has granted a Transaction Security acknowledges and agrees that such Transaction Security secures all amounts outstanding under the Restated Syndicated Facility Agreement, each of the other Finance Documents and each NAB Transactional Facility Agreement on and from the Financing Restructure Date, it being further acknowledged and agreed by all parties that the Transaction Security which is expressly referred to, and set out in, clause 25.3(b) and Part II of Schedule 12 of the Restated Syndicated Facility Agreement is to be released as contemplated by, but subject to the terms of, the Restated Syndicated Facility Agreement. 3) Without prejudice to each Borrower's and the Company's obligation under paragraph (a) above, if one or more Loans are to be made available to a Borrower: (i) on the same day that a maturing Loan for the same Facility is due to be repaid by that Borrower;

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  • 1) Notwithstanding any provision in the Existing Syndicated Facility

    Agreement to the contrary, from the Financing Restructure Date each New

    Lender is, and is deemed to be, a Lender under the Restated Syndicated

    Facility Agreement enjoying all of the rights and assuming all of the

    obligations of a Lender as provided in, and contemplated by, the Restated

    Syndicated Facility Agreement, each New Lender having the Commitment

    relating to it specified therein.

    2) Each Obligor that has granted a Transaction Security acknowledges and

    agrees that such Transaction Security secures all amounts outstanding

    under the Restated Syndicated Facility Agreement, each of the other

    Finance Documents and each NAB Transactional Facility Agreement on and

    from the Financing Restructure Date, it being further acknowledged and

    agreed by all parties that the Transaction Security which is expressly

    referred to, and set out in, clause 25.3(b) and Part II of Schedule 12 of the

    Restated Syndicated Facility Agreement is to be released as contemplated

    by, but subject to the terms of, the Restated Syndicated Facility Agreement.

    3) Without prejudice to each Borrower's and the Company's obligation under

    paragraph (a) above, if one or more Loans are to be made available to a

    Borrower: (i) on the same day that a maturing Loan for the same Facility is

    due to be repaid by that Borrower;

  • 4) an Obligor requests an amendment, waiver, release or consent in respect

    of any Finance Document; or

    5) This guarantee, undertaking and indemnity is a continuing guarantee,

    undertaking and indemnity and will extend to the ultimate balance of sums

    payable by any Obligor under the Finance Documents, regardless of any

    intermediate payment or discharge in whole or in part.