Application of the PPSA Sample Clauses

Application of the PPSA. (a) In this clause, PPSA means the Personal Property Securities Xxx 0000. If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause. (b) The Company grants to the Supplier a security interest under the PPSA in any Goods supplied under this Agreement. (c) The Goods are steel water tanks and accessories. (d) The Company acknowledges and agrees that the Supplier may apply to register a security interest in the Goods at any time before or after delivery of the Goods. The Company waives its right under s 157 of the PPSA to receive notice of any verification of the registration. (e) The Supplier can apply amounts it receives from the Company towards amounts owing to it in such order as the Supplier chooses. (f) If the Company defaults in the performance of any obligation owed to the Supplier under this Agreement or any other agreement for the Supplier to supply Goods to the Company, the Supplier may enforce its security interest in any Goods by exercising all or any of its rights under this Agreement or the PPSA. To the maximum extent permitted by law, the Company and the Supplier agree that the following provisions of the PPSA do not apply to the enforcement by the Supplier of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3) (d), 132(4), 135, 142 and 143. (g) The Company and the Supplier agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA. (h) The Company must promptly do anything required by the Supplier to ensure that the Supplier’s security interest is a perfected security interest and has priority over all other security interests in the Goods. (i) Nothing in this clause is limited by any other provision of this Agreement or any other agreement between the parties.
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Application of the PPSA. The Buyer acknowledges and agrees that: (a) OjiFS has a security interest under the PPSA in all the Goods supplied by XxxXX under these Terms and any Related Terms as security for payment of the Amount Owing; (b) the Buyer acknowledges that it has received value from XxxXX as at the date of first delivery of the Goods and has not agreed to postpone the time for attachment of the security interest granted to XxxXX under these Terms; (c) these Terms and each security interest created under these Terms is a continuing security, unaffected by any intermediate payments or anything else whatsoever other than a written release signed by XxxXX and is in addition to, and not to be merged in, any other security agreement, guarantee or other agreement (present or future) expressed or intended to be security for any amounts owing to OjiFS in respect of the Goods; (d) no security interest created under these Terms is discharged, nor are the Buyer’s obligations affected by any amendment to, or the validity or enforceability of, or failure to enforce, these Terms, or anything else whatever that, but for this clause, may have discharged these Terms or affected the Buyer’s obligations under these Terms; (e) the Buyer will, at its own cost, promptly provide all information and do all things that OjiFS may require to ensure that OjiFS has perfected security interests in respect of the Goods under the PPSA or otherwise to secure to OjiFS the full benefit of its intended rights under these Terms; and (f) the Buyer waives its rights under the PPSA to receive copies of any verification statement or financing change statement.
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Application of the PPSA. 7.1 The Customer acknowledges and accepts that FocusNet may register under the PPSA any Security Interest it has in any FocusNet Equipment or Purchased Equipment. 7.2 The Customer waives its right under section 157 of the PPSA to receive notice of any verification of the registration. 7.3 The Customer must not: (a) create any form of Security Interest over the FocusNet Equipment in favour of any third party; (b) register, or permit to be registered, a financing statement or financing change statement in respect of a Security Interest contemplated or constituted by this Agreement without FocusNet‟s prior written consent; or (c) register, or permit to be registered, a financing statement or financing change statement in relation to the FocusNet Equipment in favour of any third party without FocusNet‟s prior written consent.
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Application of the PPSA. 8.1 The Buyer agrees that Timken has a security interest over: (a) the Products purchased from the Company; (b)any proceeds of the Products purchased; and (c) any product or mass that the Product purchased may be or become attached to or part of, (together, the Collateral). 8.2 The Buyer acknowledges that Timken may register a financing statement in relation to its security interest. The Buyer waives any right the Buyer has under the PPSA to receive notice in relation to registration of the security interest. 8.3 If the Buyer defaults in the timely performance of any obligation owed to Timken, Timken may enforce its security interest in any Collateral by exercising all or any of its rights under the Agreement, the general law or the PPSA.
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Application of the PPSA. 17.1 In this clause, PPSA means the Personal Property Securities Act 2009 (Cth). If a term used in this clause has a defined meaning in the PPSA, it has the same meaning in this clause. 17.2 This clause applies if: (1) this Agreement is a PPS Lease; or (2) this Agreement gives PIC a security interest in the Equipment or any other property; or (3) the PPSA applies to this Agreement for any other reason. 17.3 The Hirer must not: (1) create any form of security interest over the Equipment in favour of any third party; (2) register, or arrange for the registration of a financing statement or financing change statement in relation to the Equipment in favour of any third party without PIC’s prior written consent; or (3) register, or arrange for the registration of a financing statement or financing change statement in respect of a security interest given or deemed created by this Agreement without the PIC’s prior written consent. 17.4 The Hirer acknowledges that PIC may register a security interest in the Equipment at any time before or after collection or delivery of the Equipment. The Hirer waives its right under s.157 of the PPSA to receive notice of any verification of the registration. 17.5 PIC can apply amounts it receives from the Hirer towards amounts owing to it in such order as PIC chooses. 17.6 If the Hirer under this Agreement defaults in the performance of any obligation to PIC under this Agreement or any other agreement for PIC to supply personal property to the Hirer, PIC may enforce its security interest in the Equipment by exercising all or any of its rights under this Agreement or the PPSA. To the maximum extent permitted by law, the following provisions of the PPSA do not apply to the enforcement by PIC of its security interest in the Equipment: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 17.7 The Hirer must not disclose information of the kind mentioned in s. 275(1) of the PPSA except in circumstances required by sections 275(7)(b)-(e) of the PPSA. The Hirer waives any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorize the disclosure of such information. 17.8 The Hirer must promptly do anything required by PIC to ensure that PIC’s security interest is a perfected security interest and has priority over all other security interests in the Equipment. 17.9 Nothing in this clause is limited by any other provision of this Agreement or any other agreement between the...
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Application of the PPSA. The Council and the Trustee:
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Application of the PPSA. 5.1 The Customer acknowledges and agrees that the Supplier may apply to register a security interest in the Goods at any time before or after delivery of the Goods or installation of the Product. The Customer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. 5.2 The Supplier can apply amounts it receives from the Customer towards amounts owing to it in such order as the Supplier chooses. 5.3 If the Customer defaults in the performance of any obligation owed to the Supplier under these Conditions or any other agreement for the Supplier to supply Goods to the Customer, the Supplier may enforce its security interest in any Goods by exercising all or any of its rights under these Conditions or the PPSA. To the maximum extent permitted by law, the Customer and the Supplier agree that the following provisions of the PPSA do not apply to the enforcement by the Supplier of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 5.4 The Customer and the Supplier agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA. 5.5 The Customer must promptly do anything required by the Supplier to ensure that the Supplier’s security interest is a perfected security interest and has priority over all other security interests in the Goods. 5.6 Nothing in this clause is limited by any other provision of the Agreement or any other agreement between the parties.
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Application of the PPSA. 15.1 In this clause 15, PPSA means the Personal Property Securities Xxx 0000 (Cth). If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause. 15.2 This clause 15 applies to the extent that TPCH’s interest in any Goods is a security interest. 15.3 The Goods are as defined by this Agreement. 15.4 The Hirer acknowledges and agrees that TPCH may apply to register a security interest in the Goods at any time before or after pick-up of the Goods. The Hirer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. 15.5 TPCH can apply amounts it receives from the Hirer towards amounts owing to it in such order as TPCH elects. 15.6 If the Hirer defaults in the performance of any obligation owed to TPCH under this Agreement or any other agreement for TPCH to supply Goods to the Hirer, TPCH may enforce its security interest in any Goods by exercising all or any of its rights under this Agreement or the PPSA. To the maximum extent permitted by law, the Hirer and TPCH agree that the following provisions of the PPSA do not apply to the enforcement by TPCH of its security interest in the Goods: sections 95, 118, 120, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 15.7 The Hirer and TPCH agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b) to (e) of the PPSA. 15.8 The Hirer must promptly do anything required by TPCH to ensure that TPCH’s security interest is a perfected security interest and has priority over all other security interests in the Goods. 15.9 Nothing in this clause 15 is limited by any other provision of this Agreement or any other agreement between the parties.
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Application of the PPSA. The Contractor may create and register a Purchase Money Security Interest under the PPSA for any and all Goods and Services remaining unpaid and that the Customer agrees to waive the right to receive a verification statement for purposes of s.148 of the Act. The Customer shall inform any Trustee in Bankruptcy or Liquidator of the Customer or any Receiver of the Customer’s property or assets of the rights of the Contractor. The Security Agreement is a continuing security and will operate irrespective of any intervening payment or settlement of account until a release has been signed by the Contractor. The security interest granted in the Collateral has the same priority in relation to any and all of the Goods and Services supplied to the Customer by the Company at any time.
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Related to Application of the PPSA

  • Application of the Agreement (1) This Agreement shall apply to investments made in the territory of either Contracting Party in accordance with its legislation by investors of the other Contracting Party prior as well as after the entry into force of this Agreement. (2) This Agreement shall not apply to claims which have been settled or procedures which have been initiated prior to its entry into force.

  • Application of Terms Grantee shall advise any sub-grantee of funds awarded through this Agreement of the requirements imposed on them by federal and state laws and regulations, and the provisions of this Agreement. The terms of this Agreement shall apply to all subawards authorized in accordance with Paragraph 17.1. 2 CFR 200.101(b)(2).

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Pledged Collateral pledged by the Pledgors shall be applied by the Secured Party as set forth in Section 7.06 of the Credit Agreement.

  • Application of Net Proceeds The Company shall apply the net proceeds from the Offering received by it in a manner consistent with the application thereof described under the caption “Use of Proceeds” in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Application of Agreement If the Company has secured work outside of the County of Cumberland, an employee whom normally works within the County of Cumberland: i) Will be paid at the rates outlined in this agreement if specifically requested by the Company to work on that site. ii) May be offered work at that location at the rates that apply for that area and if applicable, taking into account clause 27, Distant Work. iii) May determine that redundancy would be more appropriate. Where there is any inconsistency between this Agreement and the Parent Award, the Agreement shall prevail to the extent of the inconsistency.

  • Application of Proceeds Subject to the terms of the First Lien Intercreditor Agreement and the Second Lien Intercreditor Agreement, in each case, if executed, any amount received by the Administrative Agent or the Collateral Agent from any Credit Party (or from proceeds of any Collateral) following any acceleration of the Obligations under this Agreement or any Event of Default with respect to the Borrower under Section 11.4 shall be applied: (i) first, to the payment of all reasonable and documented costs and expenses incurred by the Administrative Agent or the Collateral Agent in connection with any collection or sale of the Collateral or otherwise in connection with any Credit Document, including all court costs and the reasonable fees and expenses of its agents and legal counsel, the repayment of all advances made by the Administrative Agent or the Collateral Agent hereunder or under any other Credit Document on behalf of any Credit Party and any other reasonable and documented costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Credit Document to the extent reimbursable hereunder or thereunder; (ii) second, to the Secured Parties, an amount (x) equal to all Obligations owing to them on the date of any distribution and (y) sufficient to Cash Collateralize all Letters of Credit Outstanding on the date of any distribution, and, if such moneys shall be insufficient to pay such amounts in full and Cash Collateralize all Letters of Credit Outstanding, then ratably (without priority of any one over any other) to such Secured Parties in proportion to the unpaid amounts thereof and to Cash Collateralize the Letters of Credit Outstanding; and (iii) third, any surplus then remaining shall be paid to the applicable Credit Parties or their successors or assigns or to whomsoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct; provided that any amount applied to Cash Collateralize any Letters of Credit Outstanding that has not been applied to reimburse the Borrower for Unpaid Drawings under the applicable Letters of Credit at the time of expiration of all such Letters of Credit shall be applied by the Administrative Agent in the order specified in clauses (i) through (iii) above. Notwithstanding the foregoing, amounts received from any Guarantor that is not an “Eligible Contract Participant” (as defined in the Commodity Exchange Act) shall not be applied to its Obligations that are Excluded Swap Obligations.

  • Application of Proceeds of Collateral Except as provided in subsection 2.4B(iii)(a) with respect to prepayments from Net Asset Sale Proceeds, all proceeds received by Administrative Agent in respect of any sale of, collection from, or other realization upon all or any part of the Collateral under any Collateral Document may, in the discretion of Administrative Agent, be held by Administrative Agent as Collateral for, and/or (then or at any time thereafter) applied in full or in part by Administrative Agent against, the applicable Secured Obligations (as defined in such Collateral Document) in the following order of priority: (a) To the payment of all costs and expenses of such sale, collection or other realization, including reasonable compensation to Administrative Agent and its agents and counsel, and all other expenses, liabilities and advances made or incurred by Administrative Agent in connection therewith, and all amounts for which Administrative Agent is entitled to indemnification under such Collateral Document and all advances made by Administrative Agent thereunder for the account of the applicable Loan Party, and to the payment of all costs and expenses paid or incurred by Administrative Agent in connection with the exercise of any right or remedy under such Collateral Document, all in accordance with the terms of this Agreement and such Collateral Document; (b) thereafter, to the extent of any excess such proceeds, to the payment of all other such Secured Obligations for the ratable benefit of the holders thereof; and (c) thereafter, to the extent of any excess such proceeds, to the payment to or upon the order of such Loan Party or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.

  • Application of Takeover Protections The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s certificate of incorporation (or similar charter documents) or the laws of its state of incorporation that is or could become applicable to the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including without limitation as a result of the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

  • Application of Trust Money The Trustee shall hold in trust money or U.S. Government Obligations deposited with it pursuant to this Article 8. It shall apply the deposited money and the money from U.S. Government Obligations through the Paying Agent and in accordance with this Indenture to the payment of principal of and interest on the Securities.

  • Application of Receipts Except as expressly stated to the contrary in any Finance Document, any moneys which the Facility Agent receives or recovers in its capacity as Facility Agent shall be applied by the Facility Agent in accordance with Clause 35.5 (Application of receipts; partial payments).

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