Common use of Underwrite Clause in Contracts

Underwrite. 2.1 If applications have not been received in respect of all of the Shares under the Offer at the Settlement Date of each of the Properties, and the amounts received under the Joint Underwrites are insufficient to settle either or both of the Properties the Company will calculate, and notify OML of, the number of RPS ("OML Shortfall RPS") that OML must apply for, being no more than 3,398,058 RPS ($3,500,000 minimum subscription amount). 2.2 OML will then subscribe for any OML Shortfall RPS on the terms and conditions prescribed in this Deed. 2.3 In no circumstances will OML be required under this Deed to subscribe for RPS, or advance money, which in aggregate exceeds the Underwrite Amount. 2.4 If clause 2.1 applies, OML will immediately complete the requisite application form applying for the OML Shortfall Shares and promptly return the application form to the Company. 2.5 On or prior to the relevant Settlement Date, OML shall deposit the requisite subscription amount for the OML Shortfall Shares into the Company’s subscription account in cleared funds, with an undertaking from OML’s bank that the funds will not be reversed. 2.6 The Company and OML agree that, should the underwrite be called upon, the amounts due to OML for the Acquisition Fee and Brokerage Fee (as defined in the Product Disclosure Statement) for the Offer may, at OML's election, be offset against the subscription amount payable by OML under clause 2.5. 2.7 The Company will pay to OML an underwrite fee (“Underwrite Fee”) on the Settlement Date for ▇▇ ▇▇▇▇▇▇ ▇▇▇▇. The Underwrite Fee shall be 3% of the Underwrite Amount, plus goods and services tax (if any). 2.8 Except for the rights and obligations set out in this underwrite (which will become binding from signing), all other rights and obligations of each party in respect of a Property are conditional on the Sale and Purchase Agreement in respect of that Property being, or becoming, unconditional.

Underwrite. 2.1 If At the Phase One Closing Date if applications have not been received in respect of all of the Shares under the Offer at the Settlement Date of each of the PropertiesOffer, and the amounts received under the Joint Underwrites are insufficient to settle either or both of the Properties the Company will calculate, calculate and notify OML of, of the number of RPS Shares ("OML Shortfall RPSShares") that OML must apply for, being no more than 3,398,058 RPS the lesser of: ($3,500,000 minimum subscription amounta) the number of Shortfall Shares less the Westpac Short Term Facility (equivalent to 3,150,000 Shares), to the extent drawn down (as determined by the Company in its sole discretion); and (b) 14,750,000 Shares (representing the Underwrite Amount). 2.2 OML will then subscribe for any OML Shortfall RPS Shares on the terms and conditions prescribed in this DeedDeed and the Product Disclosure Statement for the Company. 2.3 In no circumstances will OML be required under this Deed to subscribe for RPSShares, or advance money, which in aggregate exceeds the Underwrite Amount. 2.4 If clause 2.1 applies, OML will immediately complete the requisite application form applying for the OML Shortfall Shares and promptly return the application form to the Company’s manager. 2.5 On or prior to the relevant Settlement Date, OML shall no later than the Phase One Closing Date deposit the requisite subscription amount for the OML Shortfall Shares into the Company’s subscription account in cleared funds, funds with an undertaking from OML’s bank that the funds will not be reversed. 2.6 The Company and OML agree that, that should the underwrite be called upon, upon that the amounts due to OML for the Acquisition Fee and Brokerage Fee (as defined in the Product Disclosure Statement) for the Offer may, at OML's election, be offset against the subscription amount payable by OML under clause 2.5. 2.7 The Company will pay to OML an underwrite fee (“Underwrite Fee”) on the Settlement Date for ▇▇ ▇▇▇▇▇▇ ▇▇▇▇Date. The Underwrite Fee shall be 3% of the Underwrite Amount, plus goods and services tax (if any). 2.8 Except for the rights and obligations set out in this underwrite (which will become binding from signing), all other rights and obligations of each party in respect of a Property are conditional on the Sale and Purchase Agreement in respect of that Property being, or becoming, unconditional.