Document ID: chunk:federal_register_of_legislation:F2022C01149:body:0:p2
Version: federal_register_of_legislation:F2022C01149
Segment Type: other
Provision Reference: 
Character Range: 2826–5581

relation to an entity that became party to a deed of cross guarantee by an Assumption Deed contemplated by the deed of cross guarantee, that Assumption Deed.
       borrower in relation to debentures means a company that is or will be liable to repay money under a debenture, but does not include a company that only has debentures on issue that were issued or allotted:
           (a) by excluded issues to which paragraph 66(2)(d) of the Law applied as that Law stood before 13 March 2000; or
           (b) as a result of offers which did not need disclosure to investors under Part 6D.2 of the Act because of subsection 708(1) of the Act.
certificate in relation to a deed of cross guarantee or an assumption deed to which a company is a party, means one or more certificates in writing addressed to the company, the trustee and any alternative trustee under the deed of cross guarantee and to ASIC which together include statements to the following effect:
           (a)    that the deed is in exactly the same terms as ASIC Pro Forma 24 or ASIC Pro Forma 27 as the case requires except for the following:
              (i)     all instructions for the inclusion of specified information have been replaced by that information in a complete and accurate manner and any consequential changes of a minor or editorial nature that are necessary for the effective operation of the deed have been made;
              (ii)    execution clauses have been added, deleted, modified or varied as required in order to facilitate the proper execution of the deed;
              (iii)   the date has been completed;
              (iv)   the headnote, the headings before the headnote and any editorial note have been omitted;
              (v)    in the case of an assumption deed which covers more than one entity—such variations as are necessary to enable the additional entities to be covered;
              (vi)   in the case of an assumption deed which covers making the trustee of the deed of cross guarantee to which the assumption deed relates a member of the closed group—such variations as are necessary to enable the assumption deed to have that effect;
           (b)   that, in relation to the execution of the deed by each party to it that is a company, either:
              (i)     the deed appears to be signed in accordance with subsection 127(1) of the Act; or
              (ii)    the company's common seal appears to have been fixed to the deed, and the fixing of the seal appears to have been witnessed, in accordance with subsection 127(2) of the Act;
           and the provider of the certificate does not know and has no reason to suspect that the deed has not been duly executed by the company;
           (c)  that the provider of the