52.5  State's right to withhold consent

Subject to clause 52.9, the State may only withhold its consent to a Share Capital Dealing if the State is of the opinion (acting reasonably) that:

(a)  (solvency and no conflict): a proposed new Equity Investor or Equity Investors (or any person that directly or indirectly Controls that new Equity Investor or Equity Investors):

(i)  is or are not Solvent and reputable; or

(ii)  has or have an interest or duty which conflicts or may conflict in a material way with the interests of the State; or

(b)  (negative effects): the proposed Share Capital Dealing:

(i)  is against the public interest;

(ii)  would adversely affect the ability or capability of a Project Entity to perform its obligations under any Project Document;

(iii)  could lead to a Probity Event;

(iv)  would, in respect of a Change in Control of a Consortium Member (who is not an Equity Investor) result in the Consortium Member being Controlled by a person that:

A.  has an interest or duty which conflicts or may conflict in a material way with the interests of the State; or

B.  does not have a sufficient level of financial, managerial and technical capacity to deliver the Project;

(v)  would have a material adverse effect on the Project; or

(vi)  would increase the liability of, or risks accepted by, the State under the State Project Documents or in any other way in connection with the Project.