Further Issue. 16.1 The Issuer may from time to time, without the consent of the Holders, create and issue further Permitted Debentures to fund the Project under a debenture deed provided that that debenture deed has the same terms and conditions in all respects as contained in this Deed except for: (a) the length of the first and last Cash Return Period; (b) the size of the first and last Cash Return; (c) the dates of Cash Return Periods (but not the length of those peri- ods other than the first and last such periods); (d) the percentage split payable in relation to the semi-annual pay- ments of interest and principal for the two semi-annual Cash Return Periods as contemplated in clause 8.1 and 9.3 of this Deed; and (e) at the time the debenture deed is entered into for that Permitted Debenture, the Issuer has satisfied itself (acting reasonably and in good faith) that the scheduled payments of principal and interest for that Permitted Debenture are serviceable from the anticipated Relevant Surplus (or the equivalent concept in that debenture deed) throughout the term of that Permitted Debenture without the need to draw on the Reserve (howsoever described).
Appears in 1 contract
Sources: Debenture Deed
Further Issue. 16.1 The Issuer may from time to time, without the consent of the Holders, create and issue further Permitted Debentures to fund the Project under a debenture deed provided that that debenture deed has the same terms and conditions in all respects as contained in this Deed except for:
(a) the length of the first and last Cash Return Period;
(b) the size of the first and last Cash Return;
(c) the dates of Cash Return Periods (but not the length of those peri- ods periods other than the first and last such periods);
(d) the percentage split payable in relation to the semi-annual pay- ments payments of interest and principal for the two semi-annual Cash Return Periods as contemplated in clause 8.1 and 9.3 of this Deed; and
(e) at the time the debenture deed is entered into for that Permitted Debenture, the Issuer has satisfied itself (acting reasonably and in good faith) that the scheduled payments of principal and interest for that Permitted Debenture are serviceable from the anticipated Relevant Surplus (or the equivalent concept in that debenture deed) throughout the term of that Permitted Debenture without the need to draw on the Reserve (howsoever described).
Appears in 1 contract
Sources: Debenture Deed