Exclusion of PPSA provisions. To the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(1) the Secured Party need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
(2) sections 142 and 143 are excluded;
(b) for the purposes of section 115(7) of the PPSA, the Secured Party need not comply with sections 132 and 137(3);
(c) if the PPSA is amended after the date of this agreement to permit the Grantor and the Secured Party to agree to not comply with or to exclude other provisions of the PPSA, the Secured Party may notify the Grantor that any of these provisions is excluded, or that the Secured Party need not comply with any of these provisions, as notified to the Grantor by the Secured Party; and
(d) the Grantor agrees not to exercise its rights to make any request of the Secured Party under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non‐ disclosure under that section.
Exclusion of PPSA provisions. If a document (or a transaction in connection with it) is or contains a security interest for the purposes of the PPSA, each party agrees that to the extent the law permits them to be excluded (i) sections 142 and 143 of the PPSA are excluded and the relevant secured party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the grantor by the relevant secured party after the date of this agreement; and (ii) the Administrative Agent need not give any notice required under any provision of the PPSA (except section 135).
Exclusion of PPSA provisions. To the extent the law permits:
Exclusion of PPSA provisions. To the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) the Secured Party need not comply with22 sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
(ii) sections 142 and 143 are excluded;
(b) for the purposes of section 115(7) of the PPSA, the Secured Party need not comply with sections 132 and 137(3);
Exclusion of PPSA provisions. To the extent the law permits:
(a) for the purposes of section 115(1) and 115(7) of the PPSA:
(1) a Finance Party need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
(2) sections 142 and 143 are excluded;
(b) for the purposes of section 115(7) of the PPSA, a Finance Party need not comply with sections 132 and 137(3);
(c) if the PPSA is amended after the date of this agreement to permit each Obligor and each Finance Party to agree to not comply with or to exclude other provisions of the PPSA, each Finance Party may notify each Obligor that any of these provisions are excluded or that the Finance Party need not comply with any of those provisions as notified to each Obligor by the Finance Party; and
(d) each Obligor agrees not to exercise its rights to make any request of a Finance Party under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.
Exclusion of PPSA provisions. If the Agreement, a Purchase Order Contract or a transaction in connection with either of them is or contains a security interest for the purposes of the PPSA, each party agrees that to the extent the law permits them to be excluded:
(a) sections 142 and 143 of the PPSA are excluded and the relevant secured party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the grantor by the relevant secured party after the Date of Agreement; and
(b) the Purchaser need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause in the Agreement or any Purchase Order Contract.
Exclusion of PPSA provisions. To the extent permitted by law, and in respect of each Security Interest created by this Deed:
(a) (contracting out): the parties contract out of sections 95, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA (to the extent, if any, mentioned in section 115(1) of the PPSA);
(b) (waiver under PPSA): each Grantor waives its rights to receive any information under section 275 of the PPSA and agrees not to make any request under that section or to take any action which would otherwise require the State to make a disclosure under that section; and
(c) (waiver of verification statement): each Grantor irrevocably and unconditionally waives its right to receive any notice of any verification statement in respect of any financing statement or financing change statement relating to this Deed.
Exclusion of PPSA provisions. To the extent the law permits:
(a) the provisions of the PPSA specified in section 115(1) of that Act (except sections 121(4) (enforcement of security interests in liquid assets-notice to higher priority parties and grantor), 123 (right to seize collateral), 128 (secured party may dispose of collateral), 129 (disposal by purchase), 134 (retention of collateral), 135 (notice of retention)) are excluded in full and will not apply to the Mortgage;
(b) in the circumstances permitted under section 115(7) of the PPSA, sections 132 (secured party to give statement of account) and 137(3) (obligation to sell) of the PPSA are also excluded and will not apply to the Mortgage; and
(c) the Grantor agrees not to exercise its rights to make any request of the Secured Party under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.
Exclusion of PPSA provisions. To the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) the Security Trustee need not comply with sections 95, 118, 121(4), 125, 130, 132(3) or 132(4) of the PPSA; and
(ii) sections 142 and 143 of the PPSA are excluded;
(b) for the purposes of section 115(7) of the PPSA, the Security Trustee need not comply with sections 132 and 137(3) of the PPSA;
(c) if the PPSA is amended after the date of this Deed to permit the Trustee and the Security Trustee to agree to exclude other provisions of the PPSA, the Security Trustee may notify the Trustee that the Security Trustee need not comply with any of those provisions as notified to the Trustee by the Security Trustee; and
(d) the Trustee agrees not to exercise its rights under section 275 of the PPSA, or to authorise the disclosure of any information under that section.
Exclusion of PPSA provisions. To the extent the Law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) the State need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and
(ii) sections 142 and 143 are excluded;
(b) for the purposes of section 115(7) of the PPSA, the State need not comply with sections 132 and 137(3);
(c) if the PPSA is amended after the date of this document to permit each Grantor and the State to agree to not comply with or to exclude other provisions of the PPSA, the State may notify each Grantor that any of these provisions are excluded or that the State need not comply with any of those provisions as notified to that Grantor by the State; and
(d) each Grantor agrees not to exercise its rights to make any request of the State under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.
