Common use of Australia Clause in Contracts

Australia. The liability of any Guarantor incorporated under the Corporations Xxx 0000 (Commonwealth of Australia) under this Article VII and under any indemnities contained elsewhere in this Agreement will not include any liability or obligation which would, if included, result in a contravention of s260A of the Corporations Xxx 0000 (Cth). Any such Guarantor shall promptly take, and procure that its relevant holding companies take, all steps necessary under s260B of the Corporations Xxx 0000 (Cth) so as to permit the inclusion of any liability or obligation excluded under the previous sentence.

Appears in 5 contracts

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)

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Australia. The liability of any Guarantor incorporated under the Corporations Xxx 0000 (Commonwealth of AustraliaCth)(Australia) under this Article VII and under any indemnities contained elsewhere in this Agreement will not include any liability or obligation which would, if included, result in a contravention of s260A of the Corporations Xxx 0000 (CthCth)(Australia). Any such Guarantor shall promptly take, and procure that its relevant holding companies take, all steps necessary under s260B of the Corporations Xxx 0000 (CthCth)(Australia) so as to permit the inclusion of any liability or obligation excluded under the previous sentence.

Appears in 5 contracts

Samples: Credit Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Australia. The liability of any Guarantor incorporated under the Corporations Xxx 0000 (Commonwealth of Cth) (Australia) under this Article VII and under any indemnities contained elsewhere in this Agreement will not include any liability or obligation which would, if included, result in a contravention of s260A of the Corporations Xxx 0000 (CthCth)(Australia). Any such Guarantor shall promptly take, and procure that its relevant holding companies take, all steps necessary under s260B of the Corporations Xxx 0000 (CthCth)(Australia) so as to permit the inclusion of any liability or obligation excluded under the previous sentence.

Appears in 2 contracts

Samples: Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)

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Australia. The liability of any Guarantor incorporated under the Corporations Xxx 0000 (Commonwealth of Australia) under this Article VII Section 21 and under any indemnities contained elsewhere in this Agreement will not include any liability or obligation which would, if included, result in a contravention of s260A of the Corporations Xxx 0000 (Cth). Any such Guarantor shall promptly take, and procure that its relevant holding companies take, all steps necessary under s260B of the Corporations Xxx 0000 (Cth) so as to permit the inclusion of any liability or obligation excluded under the previous sentence.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Digital Realty Trust, L.P.)

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