Common use of Interaction with the Common Terms Deed Poll Clause in Contracts

Interaction with the Common Terms Deed Poll. (a) The Borrower acknowledges that: (i) the Financier is a Creditor; and (ii) this agreement is a Facility Agreement, for the purposes of the Common Terms Deed Poll. (b) On execution of this agreement, the provisions of the Common Terms Deed Poll (subject to paragraph (d) below) are incorporated into this agreement to the intent and effect that any such provision for the benefit of a Creditor or the Borrower (as defined in the Common Terms Deed Poll) may be enforced by the Financier or the Borrower to the same extent as if the Financier was a party to the Common Terms Deed Poll. (c) A term which has a defined meaning (including by reference to another document) in the Common Terms Deed Poll has the same meaning when used in this agreement unless it is expressly defined in this agreement, in which case the meaning in this agreement prevails. (d) Where a conflict arises between a provision of the Common Terms Deed Poll and this agreement, the Common Terms Deed Poll will prevail unless the provision in this agreement includes words substantially to the effect of "Despite the terms of the Common Terms Deed Poll", in which case the relevant provision of this agreement prevails.

Interaction with the Common Terms Deed Poll. (a) [The / Each] Borrower acknowledges that: (i) the Financier is a Creditor; and (ii) this agreement is a Facility Agreement, for the purposes of the Common Terms Deed Poll. (b) On execution of this agreement, the provisions of the Common Terms Deed Poll (subject to paragraph (d) below) are incorporated into this agreement to the intent and effect that any such provision for the benefit of a Creditor or the a Borrower (as defined in the Common Terms Deed Poll) may be enforced by the Financier or the a Borrower to the ã Mallesons ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 10616910_8 ▇▇▇▇▇ ▇▇▇▇▇▇ — Bullet Facility Agreement 21 June 2011 5 same extent as if the Financier was a party to the Common Terms Deed Poll. (c) A term which has a defined meaning (including by reference to another document) in the Common Terms Deed Poll has the same meaning when used in this agreement unless it is expressly defined in this agreement, in which case the meaning in this agreement prevails. (d) Where a conflict arises between a provision of the Common Terms Deed Poll and this agreement, the Common Terms Deed Poll will prevail unless the provision in this agreement includes words substantially to the effect of "“Despite the terms of the Common Terms Deed Poll"”, in which case the relevant provision of this agreement prevails.