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On 25 July 2007 the ACCC accepted the undertaking of Mr Mark Smith, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Mark Smith agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Mark Smith must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006.