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Part 3 · Debentures

20. Application of this Division

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(1)

Subject to the exceptions in paragraph (2), this Division applies to and in relation to every meeting of debenture holders summoned under —

(a)

a covenant contained in the debentures or in a trust deed relating to those debentures; or

(b)

a provision mentioned in section 271(2)(b) of the Act that is contained in a trust deed relating to those debentures.

(2)

The exceptions are as follows:

(a)

where the Act provides otherwise;

(b)

where there is any provision to the contrary in —

(i)

any covenant that applies to those debentures;

(ii)

any covenant contained in a trust deed relating to those debentures; or

(iii)

any covenant in a contract between a trustee of, and the debenture holders secured by, a trust deed relating to those debentures.

Subregulation 1

Subject to the exceptions in paragraph (2), this Division applies to and in relation to every meeting of debenture holders summoned under —

(a)

a covenant contained in the debentures or in a trust deed relating to those debentures; or

(b)

a provision mentioned in section 271(2)(b) of the Act that is contained in a trust deed relating to those debentures.

Subregulation 2

The exceptions are as follows:

(a)

where the Act provides otherwise;

(b)

where there is any provision to the contrary in —

(i)

any covenant that applies to those debentures;

(ii)

any covenant contained in a trust deed relating to those debentures; or

(iii)

any covenant in a contract between a trustee of, and the debenture holders secured by, a trust deed relating to those debentures.

Report

Part 4

Exemptions

Part 5

Extra‑Territorial Application of Division 1 of Part XIII of Act

Part 6

Revocation and Transitional Provisions

Schedules