James Hardie Industries N.V. LGTDD Pty Limited The State of New South Wales FINAL FUNDING AGREEMENT in respect of the provision of long term funding for compensation arrangements for certain victims of Asbestos-related diseases in Australia CONFORMED COPYFinal Funding Agreement • September 29th, 2006 • Hardie James Industries Nv • Concrete products, except block & brick • New South Wales
amounts paid or liabilities incurred with respect to any Personal Asbestos Claims, Marlew Claims or any other Payable Liabilities from insurers, reinsurers and other parties who may have contributed to the loss relating to such claims;
James Hardie Industries N.V. James Hardie 117 Pty Ltd (formerly known as LGTDD Pty Limited) The State of New South Wales Asbestos Injuries Compensation Fund Limited in its capacity as trustee of the Asbestos Injuries Compensation Fund AMENDED &...Final Funding Agreement • January 5th, 2007 • Hardie James Industries Nv • Concrete products, except block & brick • New South Wales
Amendment of the Amended and Restated Final Funding Agreement dated 21 November 2006, as amended (“FFA”)Final Funding Agreement • July 8th, 2008 • Hardie James Industries Nv • Concrete products, except block & brick
In accordance with clause 29 (Amendment of this Deed) of the FFA, the parties to the FFA hereby amend clause 9.10 of the FFA, with effect from the date of last execution, by inserting “and after excluding the relevant corresponding non-current asset being the amount receivable from the Performing Subsidiary under this deed” after the words “in each case after excluding all Asbestos Liabilities (other than current Proven Claims)” and before the words “and the calculation of the net assets pursuant to clause 9.10(b) shall be confirmed by the Approved Auditor.” in clause 9.10.
