NSWIn ForceAct
James Hardie Former Subsidiaries (Winding up and Administration) Act 2005
24Directions from SPF trustee
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#### 24 Directions from SPF trustee
24 Directions from SPF trustee
> > (1) The SPF trustee may, by written order served on a liable entity, direct the entity to do, or not to do, any thing that the trustee is satisfied is necessary or appropriate for the winding up of the entity in accordance with the provisions of this Part or the carrying out of the terms of the Final Funding Agreement or any Related Agreement (or both).
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> > (2) Without limiting subsection (1), the SPF trustee may direct a liable entity to do any one or more of the following—
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> > > (a) enter into arrangements with another or other liable entities for the pooling of funds of the liable entities and for allocation of the pooled funds to payment of payable liabilities of any one or more of those entities,
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> > > (b) comply with the entity’s obligations under any relevant loan facility agreement,
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> > > (c) give guarantees with respect to obligations of the SPF trustee in connection with an authorised loan facility or proposed authorised loan facility,
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> > > (d) grant interests in, or other entitlements to, any assets of the entity (or the proceeds of asset realisations of the entity) as security for any such guarantees or any other obligation under a relevant loan facility agreement or proposed relevant loan facility agreement.
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> > (3) However, nothing in this section authorises the SPF trustee to direct a liable entity to pay proven personal asbestos claims (whether or not from funds provided from any of the compensation funds) in a manner that discriminates between claimants by reference to the nature or extent of the loss or damage sustained.
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> > (4) A liable entity is required and authorised to comply with any direction given to it under an order made under subsection (1) that is served on it.
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> **s 24:** Am 2006 No 108, Sch 1 \[11\]; 2009 No 116, Sch 1 \[7\].