Document ID: chunk:federal_register_of_legislation:F2006L03540:body:0:p4
Version: federal_register_of_legislation:F2006L03540
Segment Type: other
Provision Reference: 
Character Range: 7905–10707

variation or novation of the principal contract or any variation of the custodian agreement;

       (b) any act or omission by a Trustee, a beneficiary or any other person which prejudices, releases, waives, varies or delays its rights in respect of the Custodian or any security;

       (c) any security becoming void, unenforceable or diminished;

       (d) the principal contract being illegal or void or becoming wholly or partially voidable or otherwise unenforceable;

       (e) any beneficiary or other person becoming a party to or bound by a compromise, assignment, scheme of arrangement or reconstruction in relation to any superannuation entity of which a Trustee is trustee, or accepting any sum of money in relation thereto;

       (f) any failure by any person to make any claim or exercise any of its rights in relation to the Custodian, a Trustee, the Guarantor or a security (whether such rights arise under this Guarantee or otherwise), and any delay or forbearance in relation to the exercise of such rights;

       (g) the revocation, cancellation or variation under the Act of the RSE licence held by a Trustee;

       (h) the breach by a Trustee of any condition of the RSE licence held by that Trustee;

       (i) the appointment of an investigator, an acting trustee, or other trustee in place of a Trustee pursuant to the general law or the provisions of any law of the Commonwealth or of any State or Territory;

       (j) the appointment of any receiver, or receiver and manager or administrator or liquidator or provisional liquidator of the Custodian, or of a Trustee or of any superannuation entity of which the Custodian is custodian under a Custodian agreement appointed pursuant to any law of the Commonwealth or of any State or Territory;

       (k) the commencement of the winding up of the Custodian, a Trustee or the Guarantor;

       (l) any reorganisation or reconstitution of the Custodian or in a Trustee or the business of a Trustee including the entry by a Trustee into a partnership, joint venture or other joint enterprise or commercial relationship with any person;

       (m) any material change in circumstances affecting the Custodian or a Trustee or any transaction, agreement, arrangement or matter which is the subject of the guarantee or of any other covenant in this Guarantee;

       (n) the suspension or removal of a Trustee under Part 17 of the Act;

       (o) the Custodian ceasing to be eligible to be a custodian under section 123 of the Act or otherwise;

       (p) the disqualification of a responsible officer of the Custodian or the Custodian under the Act;

       (q) the winding up or dissolution or both of any superannuation entity of which a Trustee is trustee, under section 142 of the Act or otherwise;

       (r)