1. | ASBESTOS INJURIES COMPENSATION FUND LIMITED ACN 117 363 461, of Level 3, 18-22 Pitt Street, Sydney in the State of New South Wales, in its capacity as trustee of the Asbestos Injuries Compensation Fund Trust (Acceding Party) |
2. | James Hardie Industries N.V. ARBN 097 829 895 incorporated in the Netherlands and having its registered office at Atrium, 8th Floor, Strawinskylaan 3077, 1077ZX Amsterdam, The Netherlands, (with its Australian principal office at Level 3, 22 Pitt Street, Sydney in the State of New South Wales) (JHINV) |
3. | LGTDD Pty Limited ABN 116 110 948, of Level 3, 18-22 Pitt Street, Sydney in the State of New South Wales (Performing Subsidiary) |
A. | This deed is supplemental to the Final Funding Agreement between the Existing Parties dated 1 December 2005 in respect of the provision of long term funding for compensation arrangements for certain victims of Asbestos-related diseases in Australia (Final Funding Agreement). |
B. | On 7 April 2006, the Acceding Party became the trustee of the Asbestos Injuries Compensation Fund Trust by executing a deed of trust with James Hardie Industries NV as settlor (the Asbestos Injuries Compensation Fund Trust). |
1. | Acceding Party to be bound |
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2. | Existing Parties |
3 | Representations and warranties |
(a) | the statements with respect to the Performing Subsidiary set out in Part 1 of Schedule 2 of the Final Funding Agreement, as amended by replacing each reference to the Performing Subsidiary with a reference to the Acceding Party; |
(d) | there has been no resolution or direction to terminate the trust on behalf of which it has entered into this deed, nor to remove it as trustee of that trust; |
(e) | it has the power to enter into this deed as trustee of the trust on behalf of which it has entered into this deed; and |
(f) | On the date of this deed, the Acceding Party has provided to the NSW Government, and the NSW Government acknowledges receipt, of an officers certificate signed by the chairman of directors (or, if appointed, the chief executive officer) of the Acceding Party in the form set out in the Schedule to this deed. |
4. | Address for Notices |
Level 3, 18-22 Pitt Street, Sydney in the State of New South Wales | ||
Attention: The Chairman | ||
Fax number: +61 (0)2 8274 5218 |
5. | Governing law |
6. | Interpretation |
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Signed for Asbestos Injuries Compensation Fund Limited by |
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/s/ P W Baker
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/s/ Joanne Marchione | |
Name: PETER W BAKER
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Name: JOANNE MARCHIONE | |
Director / Secretary
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Director | |
Signed by Meredith Hellicar and Russell Chenu for James Hardie Industries N.V. |
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/s/ Meredith Hellicar
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/s/ Russell Chenu | |
Meredith Hellicar
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Russell Chenu | |
Chairman
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Authorised Officer | |
Signed for LGTDD Pty Limited |
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By |
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/s/ D A J Salter
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/s/ Bruce Potts | |
DAJ Salter
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Bruce Potts | |
Director / Secretary
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Director | |
Signed by The Hon Robert John Debus MP Attorney General For the State of New South Wales |
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/s/ The Hon Robert John Debus
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