Personal Properties Securities Act. 36.1 The Buyer hereby acknowledges that these Terms and Conditions of Trade constitute a security agreement which creates a security interest in favour of the Company in all Goods previously supplied by the Company to the Buyer (if any) and all after acquired Goods supplied by the Company to the Buyer (or for the Buyer’s account) to secure the payment from time to time and at a time, including future advances. The Buyer agrees to grant a “Purchase Money Security Interest” to the Company.
36.2 The Buyer acknowledges and agrees that by assenting to these terms the Buyer grants a security interest (by virtue of the retention of title clause in these Terms and Conditions of Trade) to the Company and all Goods previously supplied by the Company to the Buyer (or for the Buyers account) and these terms shall apply notwithstanding anything express or implied to the contrary contained in the Buyer’s purchase order.
Personal Properties Securities Act. “PPSA”): The provisions of this Agreement relating to our retention of title until you have made payment in full (clause 2.2) gives us rights under the PPSA. We have the right to register the security interest created and have other rights under the PPSA.
Personal Properties Securities Act. 32.1. If Viterra determines that this Contract contains or gives rise to a security interest in respect of any goods and any proceeds of sale of those goods for the purposes of the PPSA, to the extent permitted by Law, the Contractor agrees to promptly do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which Viterra asks and considers necessary for the purposes of:
(a) ensuring that the security interest is enforceable, perfected as a first ranking security interest (including, where possible, by possession or control in addition to registration) and otherwise effective; or
(b) enabling Viterra to register a financing statement or financing change statement on the PPSR against the Contractor in connection with the security interest; or
(c) enabling Viterra to exercise rights in connection with the security interest.
32.2. The Contractor agrees, to the extent permitted by Law, that:
(a) to the extent that any security interest secures the purchase price of the goods, is a PPS lease or a commercial consignment, that security interest will be a PMSI;
(b) Viterra may register a financing statement on the PPSR against the Contractor;
(c) notices or documents required or permitted to be given to Viterra under the PPSA may be given in accordance with the PPSA;
(d) it will not to change its name, address for service or any other of its details that constitute data for the purposes of registering a financing statement or financing change statement on the PPSR without notifying Viterra in writing of the Contractor’s intention to change those details at least 10 Business Days prior to doing so;
(e) it waives its rights to receive a copy of any verification statement under the PPSA; and
(f) the parties contract out of the Contractor’s rights, and the Contractor waives its rights, under sections 95 (Secured party must give notice of removal of accession), 96 (when a person with an interest in the whole may retain an accession), 118 (Enforcing Security in accordance with land law decisions), 121 (Enforcement of security interests in liquid assets), 125 (Obligation to dispose of or retain collateral), 128 (secured party may dispose of collateral), 129 (disposal by purchase), 130 (Notice of disposal of collateral), 132 (Secured party to give statement of account), 135 (Notice of retention of collateral), 142 (Entitled persons may redeem collateral) and 143 (Entitled persons may rein...
Personal Properties Securities Act. 1999 (Continue)
d) The Customer will supply Xxxxxxx within 7 business days of written request copies of all documents granting security interests registered over the Customer's personal property. The Customer authorises Xxxxxxx as an agent to request copies of all documents granting security interests registered over the Customer's personal property. The Customer authorises Xxxxxxx as an agent to request any information from any secured party relating to any security interest which is held in any personal property which is or has been in the Customer's possession or control.
e) The Customer will immediately notify Xxxxxxx in writing of any change in the Customer’s name.
f) The Customer agrees sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125 to 127, 129, 131 to 133 of the PPSA shall not apply to these Terms and Conditions or the security created hereunder.
g) The Customer waives the right to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the security interest created by these Terms and Conditions.
h) The Customer must not create, or allow or permit the creation of, a security interest (as defined in the PPSA) in any of the Goods in favour of any person other than Xxxxxxx without first obtaining Xxxxxxx'x written consent, nor may the Customer allow or permit the creation of a lien over any of the Goods.
Personal Properties Securities Act. 12.1 The Supplier must not at any time register against Viterra under the PPSA a financing statement in relation to personal property supplied, or to be supplied, by the Supplier or otherwise relating to or in connection with the Services (non-commodity) or this Agreement, without the prior written consent of Viterra (which consent shall not be unreasonably withheld). A word or expression used in this clause which is defined in the PPSA has the same meaning in this clause, unless the context otherwise requires.
Personal Properties Securities Act. “PPSA”)
6.1 The Hirer acknowledges that:
(a) The Contract may create a security interest (as defined in the PPSA) in favour of the Owner in Plant hired to the Hirer by the Owner and that the title to the Plant remains with the Owner at all times.
(b) The Hirer will provide such information and do such acts and execute such further documents as in the opinion of the Owner may be necessary or desirable to enable the Owner to perfect under the PPSA the security interest created by the Contract as a first priority interest or with such other priority as the Hirer may agree in writing.
(c) The Owner may do all things which it thinks desirable to remedy any default by the Hirer or otherwise protect the Plant or the security interest created by the Contract.
(d) The Hirer irrevocably appoints the Owner to be the Hirer’s attorney to do anything which the Hirer agrees to do under the Contract and anything which the attorney thinks desirable to protect the Owner’s interests under the Contract and the Hirer ratifies anything done by an attorney under this clause 6. The Hirer agrees sections 114 (1) (a), 133 and 134 of the PPSA shall not apply to the Contract or the security under the Contract.
(e) The Hirer waives their right to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the security interest created by the Contract.
(f) The Hirer agrees that none of their rights as debtor under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA shall apply to the Contract.
(g) The Hirer also agrees, where the Owner has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
(h) The Hirer must not change the Hirer’s name without first notifying the Owner of the new name not less than seven days before the change takes effect.
(i) The Hirer must not allow or permit the creation of a lien over any of the Plant.
Personal Properties Securities Act. 5.1 The Customer acknowledges and agrees that in consideration of the supply of goods on these terms and conditions the Customer grants to the Company a first ranking security interest under the Personal Property Securities Act 1999 (PPSA) in each and every supply of goods made by the Company to the Customer’ thus securing to the Company the purchase price and the obligations in this document.
5.2 In the event of any default by the customer under these terms and conditions the Company shall be entitled to exercise all rights of a secured party under the PPSA.
5.3 The Customer will sign any further documents or provide any further information to enable the Company to register a financing statement of financing change statement on the PPSA register.
5.4 The Customer will not register a financing charge statement or change demand without the prior written consent of the Company.
5.5 The Customer will give the Company not less than fourteen days’ written notice prior to any proposed change in the Customer’s name or other details.
5.6 The Customer waives the right to receive a verification statement in respect of any financing statement or any financing change statement relating to the security interest.
Personal Properties Securities Act. 14.1 The Buyer consents to the Company effecting and maintaining a registration on the register of the Personal Property Securities Register in terms of the PPSA (in any manner the Company considers appropriate) in relation to any security interest contemplated or constituted by the sale of the Goods and the proceeds arising in respect of any dealing in the Goods and the Buyer agrees to sign any documents and provide all assistance and information to the Company as may be necessary or required to facilitate the registration and maintenance of any security interest.
14.2 The Company may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest).
14.3 The Buyer waives the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Goods (Section 157(3)(b) of the PPSA).
14.4 The Buyer undertakes to:
a. do anything (in each case, including executing any new document or providing any information) that is required by the Company:
i. so that the Company acquires and maintains one or more perfected security interests under the PPSA in respect of the Goods and its proceeds;
ii. to register a financing statement or financing change statement; and
iii. to ensure that the Company’s security position and rights and obligations are not adversely affected by the PPSA.
b. not register a financing change statement in respect of a security interest contemplated or constituted by the sale of the Goods without the Company’s prior written consent; and
c. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the Company’s prior written consent.
14.5 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the sale of the Goods, the following provisions of the PPS Act will not apply and the Buyer will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96: section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 130; section 132(4); section 135 and section 143.
14.6 Unless otherwise agreed and to the extent permitted by the PPSA the Buyer and the Company agree not to disclose information of the kind re...
Personal Properties Securities Act. 2009 (CTH) (PPSA)
Personal Properties Securities Act. 2009 (‘PPSA’)
8.1 The terms ‘Debtor’, ‘Financing Change Statement’, ‘Financing Statement’, ‘Grantor’, ‘Proceeds’, ‘Secured Party’, ‘Security Agreement’ and ‘Security Interest’ have the meanings given in the PPSA.
