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. (a) Terms used in this clause have the same meaning as in the PPSA, unless defined separately in this Agreement.
(b) The Renter acknowledges and agrees that the Owner has a security interest for the purposes of the PPSA created under this Agreement (as the accepted and adopted security agreement between the parties) in respect of the RV.
(c) Unless otherwise stated, a term contained in this Agreement that is defined in the PPSA (but not otherwise defined in this Agreement) has the meaning given to it in the PPSA.
(d) The Renter acknowledges and agrees that this security interest is registrable in PPSR, and this security interest secures all moneys owing by the Renter to the Owner under this Agreement or otherwise.
(e) The Renter grants to the Owner where and when applicable, a purchase money security interest (PMSI) to the extent that it secures payment of the amounts owing in relation to the RV in accordance with, and to the extent prescribed by, the PPSA.
(f) The Renter acknowledges and agrees the security interest is a continuing and subsisting interest in the RV with priority over any registered or unregistered general (or other) security interest and any unsecured creditor in respect of the RV.
(g) The Renter will do everything reasonably required of it by the Owner to enable the Owner to register its security interest with the priority the Owner requires and to maintain those registrations including signing any documents and/or providing any information which the Owner may reasonably require to register a financing statement or a financing change statement in relation to a security interest or correcting a defect in any such statements.
(h) The security interests arising under this clause will be perfected by the Owner prior to or when the Renter obtains possession of the RV and the Parties confirm they have not agreed that any security interest arising under this clause attaches at any later time.
(i) The Owner does not need to give the Renter any notice under the PPSA (including notice of the financing statement or verification statement) unless the notice is required by the PPSA, and that requirement cannot be excluded.
(j) If Chapter 4 of the PPSA would otherwise apply to the enforcement of the security interests created under this Agreement, the Renter agrees that sections 95, 96, 120, 121(4), 123, 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPSA will not apply to the enforcement of the security interest(s).
(k) The Re...
Personal Properties Securities Act. “PPSA”)
9.1 The Hirer acknowledges that:
(a) The Contract may create a security interest (as defined in the PPSA) in favour of the Owner in Goods hired to the Hirer by the Owner and that the title to the Goods 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 Goods 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 9. 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 7 days before the change takes effect.
(i) The Hirer must not allow or permit the creation of a lien over any of the Goods.
Personal Properties Securities Act. 35.1 The Customer acknowledges that this Agreement constitutes a security agreement which creates a security interest in favour of Pentana Solutions in Pentana’s Core Technology previously supplied by it to the Customer and all after acquired goods supplied by Pentana Solutions to the Customer (or for the Customer’s account) to secure the payment from time to time and at a time, including future advances. The Customer agrees to grant a “Purchase Money Security Interest” to Pentana Solutions.
35.2 The Customer acknowledges and agrees that by assenting to these terms the Customer grants a security interest (by virtue of the retention of title clause in Agreement) to Pentana Solutions and all goods previously supplied by Pentana Solutions to the Customer (or for the Customer’s account) and these terms shall apply notwithstanding anything express or implied to the contrary contained in the Customer’s purchase order.
35.3 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Pentana Solutions may reasonably require to enable registration of a financing statement or financing change statement on the personal property securities register (“PPSR”);
(b) not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the goods without the prior written consent of Pentana Solutions;
(c) give Pentana Solutions not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s details (including by not limited to changes in the Customer’s address, facsimile number, email address, trading name or business practice);
(d) pay all costs incurred by Pentana Solutions in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by this Agreement including executing subordination agreements;
(e) be responsible for the full costs incurred by Pentana Solutions (including actual legal fees and disbursements on a solicitor and client basis) in obtaining an order pursuant to section 182 of the PPSA; and
(f) the Customer waives any rights it may have under sections 115 of the PPSA upon enforcement.
35.4 Pursuant to the relevant section of ...
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.
Personal Properties Securities Act. The Hirer:
(a) consents to the Owner perfecting a Securities Interest;
(b) shall do anything reasonably requested by the Owner to enable or facilitate the Owner to perfect a Security Interest;
(c) waives its right to receive;
(i) each notice that is permitted to waive;
(ii) all information and anything that may be waived under the PPSA and the Owner is not obliged to give the Hirer any notice or provide copies of any documents under the PPSA unless the notice is mandatory under the PPSA and cannot be excluded;
