This excerpt taken from the HTZ 10-K filed Feb 29, 2008.
(b) Subject to Clause 5.8(d) but despite any other provision of this Deed, the Australian Security Trustee must not:
(i) take any action against HA Funding Pty Limited personally to recover any part of the Secured Moneys which cannot be recovered out of the Charged Property; or
(ii) levy execution or bring any other proceedings (other than to enforce a Transaction Document) against any property of HA Funding Pty Limited which does not form part of the Charged Property to recover any part of the Secured Moneys.
(c) Clause 5.8(b) operates as a covenant not to sue and not as a release, and may be pleaded in bar to any action brought in breach of it.
(d) Nothing in this Clause 5.8 affects the rights of the Australian Security Trustee or the liability of HA Funding Pty Limited with respect to fraud, gross negligence or wilful misconduct by HA Funding Pty Limited.