A
UTILISATION OR UNPAID SUM SHALL BE MADE IN THE CURRENCY IN WHICH THAT
UTILISATION OR UNPAID SUM IS DENOMINATED, PURSUANT TO THIS AGREEMENT, ON ITS DUE
DATE.
164
(C)
EACH PAYMENT OF INTEREST OR FEES SHALL BE MADE IN THE CURRENCY IN WHICH
THE SUM IN RESPECT OF WHICH THE INTEREST IS PAYABLE WAS DENOMINATED, PURSUANT TO
THIS AGREEMENT, WHEN THAT INTEREST ACCRUED.
(D)
EACH PAYMENT IN RESPECT OF COSTS, EXPENSES OR TAXES SHALL BE MADE IN THE
CURRENCY IN WHICH THE COSTS, EXPENSES OR TAXES ARE INCURRED.
(E)
ANY AMOUNT EXPRESSED TO BE PAYABLE IN A CURRENCY OTHER THAN AUSTRALIAN
DOLLARS SHALL BE PAID IN THAT OTHER CURRENCY.
(F)
EXCEPT WHERE CLAUSE 8.3(B) (CASH COVER FOR CURRENCY EQUALISATION:
FACILITY B) APPLIES, CASH COVER PAID IN RELATION TO A BANK GUARANTEE SHALL BE IN
THE SAME CURRENCY AS THE RELEVANT BANK GUARANTEE.
33.10
CHANGE OF CURRENCY
(A)
UNLESS OTHERWISE PROHIBITED BY LAW, IF MORE THAN ONE CURRENCY OR CURRENCY
UNIT ARE AT THE SAME TIME RECOGNISED BY THE CENTRAL BANK OF ANY COUNTRY AS THE
LAWFUL CURRENCY OF THAT COUNTRY, THEN:
(I)
ANY REFERENCE IN THE FINANCE DOCUMENTS TO, AND ANY OBLIGATIONS ARISING
UNDER THE FINANCE DOCUMENTS IN, THE CURRENCY OF THAT COUNTRY SHALL BE TRANSLATED
INTO, OR PAID IN, THE CURRENCY OR CURRENCY UNIT OF THAT COUNTRY DESIGNATED BY
THE AGENT (AFTER CONSULTATION WITH A BORROWER); AND
(II)
ANY TRANSLATION FROM ONE CURRENCY OR CURRENCY UNIT TO ANOTHER SHALL BE
AT THE OFFICIAL RATE OF EXCHANGE RECOGNISED BY THE CENTRAL BANK FOR THE
CONVERSION OF THAT CURRENCY OR CURRENCY UNIT INTO THE OTHER, ROUNDED UP OR DOWN
BY THE AGENT (ACTING REASONABLY).
(B)
IF A CHANGE IN ANY CURRENCY OF A COUNTRY OCCURS, THIS AGREEMENT WILL, TO
THE EXTENT THE AGENT (ACTING REASONABLY AND AFTER CONSULTATION WITH A BORROWER)
SPECIFIES TO BE NECESSARY, BE AMENDED TO COMPLY WITH ANY GENERALLY ACCEPTED
CONVENTIONS AND MARKET PRACTICE IN THE RELEVANT MARKET AND OTHERWISE TO REFLECT
THE CHANGE IN CURRENCY.
33.11
ANTI-MONEY LAUNDERING
(A)
A FINANCE PARTY MAY DELAY, BLOCK OR REFUSE TO PROCESS ANY PAYMENT OR
OTHER TRANSACTION WITHOUT INCURRING ANY LIABILITY IF THE FINANCE PARTY KNOWS OR
REASONABLY SUSPECTS THAT THE TRANSACTION OR THE APPLICATION OF ITS PROCEEDS
WILL:
(I)
BREACH, OR CAUSE A FINANCE PARTY TO BREACH, ANY APPLICABLE LAWS OR
REGULATIONS OF ANY JURISDICTION (INCLUDING ANY SANCTIONS); OR
(II)
ALLOW THE IMPOSITION OF ANY PENALTY ON THE FINANCE PARTY OR ITS
AFFILIATES UNDER ANY SUCH LAW OR REGULATION,
including where the transaction or the application of its proceeds involves any
Sanctioned Person or Sanctioned Country, or the direct or indirect proceeds of
unlawful activity.
165
(B)
AS SOON AS PRACTICABLE AFTER A FINANCE PARTY BECOMES AWARE THAT IT WILL
DELAY, BLOCK OR REFUSE TO PROCESS A TRANSACTION UNDER PARAGRAPH (A), IT WILL
NOTIFY A BORROWER AND THE AGENT AND CONSULT IN GOOD FAITH BUT IN EACH CASE ONLY
TO THE EXTENT THE FINANCE PARTY DETERMINES IT IS LEGALLY PERMITTED TO DO SO.
IN
MAKING THAT