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s 5

Power to purchase Company

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5 Power to purchase Company

The members of Aurora Energy may give written directions to Aurora Energy requiring the Board of Aurora Energy to do all things necessary to enable Aurora Energy or a subsidiary of Aurora Energy to purchase, and take a transfer from Babcock and Brown Power and its subsidiaries of, all or any of the following:shares in the Company; assets, rights or liabilities related to the Tamar Valley Project.

The Board of Aurora Energy must comply with any direction given under subsection (1).

Any tax, duty, fee or charge under any law of Tasmania is not payable in respect of the purchase by Aurora Energy or any subsidiary of Aurora Energy, or the transfer to Aurora Energy or any subsidiary of Aurora Energy, of any shares in the Company or any assets, rights or liabilities related to the Tamar Valley Project.

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