COLLECTIVELY
AND TO EACH OF THEM INDIVIDUALLY;
(L)
TERMS DEFINED IN THE CORPORATIONS ACT AS
AT THE DATE OF THIS DEED HAVE THE MEANINGS GIVEN TO THEM IN THE CORPORATIONS ACT
AT THAT DATE;
(M)
A REFERENCE TO 'DOLLAR', '$', '$A', 'A$'; OR
'AUD' IS A REFERENCE TO AUSTRALIAN CURRENCY; AND
(N)
A REFERENCE TO A SPECIFIC TIME FOR THE
PERFORMANCE OF AN OBLIGATION IS A REFERENCE TO THAT TIME IN THE STATE OR
TERRITORY WHERE THE OBLIGATION IS TO BE PERFORMED;
1.3
HEADINGS ARE FOR REFERENCE ONLY AND DO NOT
AFFECT THE INTERPRETATION OF THIS DEED.
1.4
A REFERENCE IN THIS DEED TO A STATUTE OR TO A
PROVISION OF A STATUTE INCLUDES WHERE APPLICABLE:
(A)
ANY EQUIVALENT OR CORRESPONDING ACT OF
PARLIAMENT OR OTHER FORM OF LEGISLATION IN FORCE IN ANOTHER STATE OR TERRITORY
OF AUSTRALIA AND, IN THE CASE OF COMPANIES LEGISLATION, IN ANY OTHER PLACE OR
JURISDICTION IN WHICH A COMPANY TO WHICH THE REFERENCE APPLIES IS INCORPORATED
OR DEEMED TO BE INCORPORATED;
(B)
ALL STATUTORY INSTRUMENTS MADE UNDER ANY
SUCH ACT OF PARLIAMENT OR OTHER FORM OF LEGISLATION; AND
(C)
AMENDMENTS, CONSOLIDATIONS OR RE-ENACTMENTS
OF OR SUBSTITUTIONS FOR THE ACT OF PARLIAMENT, OTHER FORM OF LEGISLATION, OR
STATUTORY INSTRUMENT REFERRED TO OR DEEMED UNDER THIS CLAUSE TO BE REFERRED TO.
2.
CONSIDERATION
The Chargor acknowledges incurring obligations and giving rights under this deed
for valuable consideration received from the Chargee.
5
3.
OBLIGATION TO PERFORM THE SECURED
OBLIGATIONS
3.1
THE CHARGOR MUST PERFORM AND SATISFY THE
SECURED OBLIGATIONS.
3.2
THE CHARGOR MUST MAKE ALL PAYMENTS IN RESPECT
OF THE SECURED MONEY.
4.
CHARGE
4.1
SUBJECT TO CLAUSE 4.7, THE CHARGOR CHARGES
THE CHARGED PROPERTY IN FAVOUR OF THE CHARGEE AS SECURITY FOR THE PERFORMANCE OF
THE SECURED OBLIGATIONS AND THE PAYMENT AND DISCHARGE OF THE SECURED
OBLIGATIONS, INCLUDING PAYMENT OF THE SECURED MONEY.
4.2
THIS DEED IS AND WILL BE A FIXED CHARGE OVER
ALL THE CHARGOR'S PRESENT AND FUTURE:
(A)
MORTGAGED PROPERTY;
(B)
INTERESTS IN REAL PROPERTY;
(C)
UNCALLED AND CALLED BUT UNPAID CAPITAL
(INCLUDING PREMIUMS);
(D)
PLANT, MACHINERY, FIXTURES, BUILDINGS AND
EQUIPMENT OTHER THAN THAT WHICH FOR THE TIME BEING FORMS PART OF THE CHARGOR'S
STOCK IN TRADE OR WORK IN PROGRESS;
(E)
AUTHORISATIONS RELATING TO OR USED IN
CONNECTION WITH THE CHARGED PROPERTY;
(F)
MARKETABLE SECURITIES, OTHER THAN
MARKETABLE SECURITIES ACQUIRED AND SOLD BY THE CHARGOR IN THE NORMAL COURSE AND
FOR THE PURPOSE OF THE CHARGOR'S BUSINESS;
(G)
DEBTS AND MONETARY CLAIMS AND THE BENEFIT OF
ALL GUARANTEES AND ENCUMBRANCES GIVEN IN CONNECTION WITH OR SECURING THE PAYMENT
OF ANY OF THOSE DEBTS OR MONETARY CLAIMS;
(H)
KNOWHOW, GOODWILL, PATENTS, TRADE MARKS,
SERVICE MARKS, COPYRIGHTS AND REGISTERED DESIGNS, AND LICENCES UNDER ANY OF
THEM;
(I)
BOOKS OF ACCOUNT AND OTHER ACCOUNTING
RECORDS, COMPUTER SOFTWARE, MAGNETIC OR DIGITAL RECORDINGS AND ALL OTHER RECORDS
IN WRITING RELATING IN ANY WAY TO THE BUSINESS OF THE CHARGOR OR ANY TRANSACTION
ENTERED INTO BY IT;
(J)
INSURANCE POLICIES;
(K)
ALL LEASES TO WHICH THE