Tabreed 06 Prospectus - London Stock Exchange

(v) who would have been able to avoid such withholding or deduction by presenting the relevant
Certificate to another Paying Agent in a Member State of the European Union.
In these Conditions, ‘‘Relevant Jurisdiction’’ means the United Arab Emirates and each emirate
within the United Arab Emirates, the Cayman Islands and any political subdivision or any
authority of or in such jurisdiction having power to tax.
11 Prescription
Claims for payment in respect of the Certificates will become void unless presented for payment
within periods of ten years (in the case of Dissolution Distribution Amounts) and five years (in the
case of Periodic Distribution Amounts) from the Relevant Date in respect of the Certificates, subject
to the provisions of Condition 8 (Payment). In these Conditions, ‘‘Relevant Date’’ means the date on
which the payment first becomes due but, if the full amount of the money payable has not been
received by the Principal Paying Agent or the Trustee on or before the due date, it means the date
on which, the full amount of the money having been so received, notice to that effect shall have been
duly given to the Certificateholders by the Trustee in accordance with Condition 15 (Notices).
12 Dissolution Events
Upon the occurrence and continuation of any of the following events (‘‘Dissolution Events’’):
12.1 default is made in the payment of any Periodic Distribution Amount due in respect of any
Certificate and such default continues for a period of seven days; or
12.2 Tabreed fails duly to perform or comply with any of the material obligations expressed to be
assumed by it in the Transaction Documents to which it is a party and such failure, if capable
of remedy, is not remedied within 60 days after the Trustee has given notice thereof to Tabreed;
or
12.3 a Lease Event of Default occurs under and as defined in the Lease Agreement; or
12.4 Tabreed repudiates any Transaction Document to which it is a party or does or causes to be
done any act or thing evidencing an intention to repudiate any Transaction Document to which
it is a party; or
12.5 the Issuer repudiates any Transaction Document to which it is a party or does or causes to be
done any act or thing evidencing an intention to repudiate any Transaction Document to which
it is a party; or
12.6 at any time it is or will become unlawful for Tabreed to perform or comply with any or all of
its obligations under the Transaction Documents or any of the obligations of Tabreed under the
Transaction Documents are not or cease to be legal, valid, binding and enforceable; or
12.7 at any time it is or will become unlawful for the Issuer to perform or comply with any of its
obligations under the Transaction Documents or any of the obligations of the Issuer under the
Transaction Documents are not or cease to be legal, valid, binding and enforceable; or
12.8 an Istisna’a Event of Default occurs under and as defined in the Istisna’a Agreement,
the Trustee shall give notice of the occurrence of such Dissolution Event to the holders of
Certificates in accordance with Condition 15 (Notices) with a request to such holders to indicate
if they wish the Trust to be dissolved. If so requested in writing by the holders of at least 25
per cent. in aggregate face amount of such Certificates then outstanding or if so directed by an
Extraordinary Resolution of the holders of Certificates, the Trustee shall (subject in each case to
being indemnified to its satisfaction) or, if the Trustee so decides in its discretion, may give
notice to all the holders of Certificates in accordance with Condition 15 (Notices) that the
Certificates are to be redeemed at the Dissolution Distribution Amount on the date specified in
such notice and that the Trust is to be dissolved on the day after the last outstanding Certificate
has been redeemed.
13 Enforcement and Exercise of Rights
13.1 Following the distribution of the proceeds of the Trust Assets in respect of the Certificates to
the Certificateholders in accordance with these Conditions and the Declaration of Trust, the
Trustee shall not be liable for any further sums, and accordingly no Certificateholder may take
any action against the Trustee or any other person (other than Tabreed) to recover any such
sum in respect of the Certificates or Trust Assets.
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