Common use of Takeover Limitation Clause in Contracts

Takeover Limitation. Notwithstanding anything contained in Section 10, here an issuance of Repayment Shares would result in an acquisition of a relevant interest in the Shares which causes the voting power in the Company of the Investor or any its associates (as defined in the Corporations Act) to exceed 20% or to increase from a starting point that is above 20% and below 90%, and there is no relevant exception to the acquisition of the relevant Shares under the Corporations Act (a “Threshold Event”), the Company shall not effect such Repayment by way of issuance of Shares, and shall effect the Repayment in immediately available funds. Notwithstanding anything contained in Sections 2 and 10, where in the Investor’s reasonable opinion, an issuance of Repayment Shares would result in a Threshold Event, the Investor may terminate this Agreement, by written notice, effective as of the time immediately prior to the next Closing that would have occurred after the time of such notice but for such termination; provided that the Investor shall have paid the Company AU$225,000 in immediately available funds, within five (5) calendar days of the date of such notice.