exv4w27






Exhibit 4.27






 





Deed Poll



Asbestos Injuries Compensation Fund 

Limited (ACN 117 363 461)




Asbestos Injuries Compensation Fund




	 	 	 	 	 
	 

	 	
Baker& McKenzie

Solicitors

Level 27, AMP Centre

50 Bridge Street

SYDNEY  NSW  2000

Tel:  (02) 9225-0200

Email: justin.gross@bakernet.com



Ref: 702411-v2\AUSJGZ

	 	  
	 

	 	
	 	






 









 






Contents




	 	 	 	 	 	 	 
	Clause	 	 	 	 	 
	Number	 	Heading	 	Page	 
	 
	 	 	 	 	 	 
	1
	 	Definitions and Interpretation	 	 	1	 
	 
	 	 	 	 	 	 
	2
	 	Amendments to Trust Deed	 	 	1	 
	 
	 	 	 	 	 	 
	3
	 	Effective date of this Deed	 	 	2	 
	 
	 	 	 	 	 	 
	4
	 	Governing Law	 	 	2	 
	 
	 	 	 	 	 	 
	5
	 	No Resettlement	 	 	2	 






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	Date  	 	11th June 2008

	 
	Deed Poll by 	 	 Asbestos Injuries Compensation Fund Limited (ACN 117 363 461)
a company limited by guarantee having its registered address
at Suite 1, Level 7, 233 Castlereagh Street, Sydney NSW 2000
as trustee of the Compensation Funds (Trustee).





Recitals





	A 	 	The Compensation Funds are evidenced by the Asbestos Injuries
Compensation Fund Amended and Restated Trust Deed dated 14 December
2006 (Trust Deed).
	 
	B 	 	Clause 11(a) of the Trust Deed provides that the Trustee may amend the
Trust Deed by deed poll.
	 
	C	 	The Trustee wishes to amend the Trust Deed in the manner set out in
this Deed. The Trustee has obtained the consent of the NSW Government
and James Hardie Industries N.V. in relation to the proposed
amendments.





Operative provisions





	1	 	Definitions and Interpretation





Definitions





	1.1	 	Unless the subject or context otherwise requires, all words and expressions defined in the
Trust Deed have the same meaning in this Deed.





Interpretation





	1.2	 	Unless the subject or context otherwise requires, the provisions of the Trust Deed apply with
the necessary changes to this Deed.






	2	 	Amendments to Trust Deed
	 
	2.1	 	The Trust Deed is amended by deleting clause 12.4(b) of the Trust Deed, and replacing it with
the following:
	 
	 	 	“Without limiting or affecting the Trustee’s obligations under clause 4.9 or clause 5.3(g),
the Trustee must prepare a set of financial statements for each of the Charitable Fund, the
Discretionary Fund and, for so long as all or a majority of the shares in the Liable
Entities are owned or controlled by the Trustee, the Liable Entities, which are appropriate
to enable each entity to comply with the income tax law applying to it and which enable the
Trustee to comply with the provisions of this Deed and the Final Funding Agreement.”




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	3 	 	 Effective date of this Deed
	 
	3.1	 	This Deed will be effective from the date of execution.
	 
	4 	 	 Governing Law
	 
	4.1	 	This Deed is governed by the laws of New South Wales.
	 
	5 	 	 No Resettlement
	 
	5.1	 	The Trustee declares that it is not, by this Deed:






	 	(a)	 	resettling or redeclaring the Compensation Funds; or
	 
	 	(b)	 	causing the transfer, vesting or accruing of property in any person.




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Execution




Executed and delivered as a deed poll




	 	 	 	 	 	 	 
	Signed sealed and delivered

	 	 	 	 	 	 
	 
	for Asbestos Injuries Compensation 
Fund Limited
	 	 	 	 	 	 
	by a director and secretary/director:
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	/s/ Peter W. Baker
 

Signature of director

	 	 
	 	/s/ Joanne Marchione
 

Signature of director
	 	 
	 
	 	 	 	 	 	 
	Peter W. Baker

	 	 	 	Joanne Marchione	 	 
	 

	 	 	 	 	 	 
	Name of director (please print)

	 	 	 	Name of director/secretary

(please print)	 	 







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