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Whitehaven Coal Limited : Annual Report 2013
175 Whitehaven Coal Limited Annual Report 2013 Notes to the Financial Statements 30 June 2013 39. DEED OF CROSS GUARANTEE Pursuant to ASIC Class Order 98/1418 (as amended) dated 13 August 1998, the wholly-owned subsidiaries listed below are relieved from the Corporations Act 2001 requirements for preparation, audit and lodgement of nancial reports, and Directors' report. It is a condition of the Class Order that the Company and each of the subsidiaries enter into a Deed of Cross Guarantee. The e ect of the Deed is that the Company guarantees to each creditor payment in full of any debt in the event of winding up of any of the subsidiaries under certain provisions of the Corporations Act 2001. If a winding up occurs under other provisions of the Act, the Company will only be liable in the event that after six months any creditor has not been paid in full. The subsidiaries have also given similar guarantees in the event that the Company is wound up. The subsidiaries subject to the Deed are: • Whitehaven Coal Mining Limited • Maules Creek Coal Pty Ltd • Namoi Mining Pty Ltd • Boardwalk Resources Ltd • Betalpha Pty Ltd • Boardwalk Coal Management Pty Ltd • Tarrawonga Coal Pty Ltd • Boardwalk Coal Marketing Pty Ltd • Whitehaven Coal Holdings Limited • Boardwalk Sienna Pty Ltd • Whitehaven Coal Infrastructure Pty Ltd • Boardwalk Monto Pty Ltd • Narrabri Coal Pty Ltd • Boardwalk Dingo Pty Ltd • Narrabri Coal Operations Pty Ltd • Boardwalk Ferndale Pty Ltd • Narrabri Coal Sales Pty Ltd • Coalworks Limited • Creek Resources Pty Ltd • Yarrawa Coal Pty Ltd • Werris Creek Coal Sales Pty Ltd • Coalworks (Oaklands North) Pty Ltd • Werris Creek Coal Pty Ltd • CWK Nominees Pty Ltd • WC Contract Hauling Pty Ltd • Oaklands Land Pty Ltd • Whitehaven Blackjack Pty Ltd • Coalworks (Vickery South) Pty Ltd • Whitehaven Project Holdings Pty Ltd • Coalworks Vickery South Operations Pty Ltd • Whitehaven Project Pty Ltd • Vickery South Marketing Pty Ltd • Aston Resources Ltd • Vickery South Operations Pty Ltd • Aston Coal 2 Pty Ltd • Vickery Pty Ltd • Aston Coal 3 Pty Ltd The Company and each of the relevant subsidiaries entered into the deed on 27 June 2008 with subsequent assumption deeds entered into on 27 June 2012 and 25 June 2013. The Deed of Cross Guarantee includes the Company and subsidiaries which are included within the statement of comprehensive income and statement of nancial position of the consolidated entity.
Annual Report 2012