PERSONAL PROPERTIES SECURITIES ACT 1999 Sample Clauses

PERSONAL PROPERTIES SECURITIES ACT 1999 a) The Customer grants to Xxxxxxx a security interest in the Goods and all the Customer’s present and after acquired property supplied by Xxxxxxx and their proceeds and accessions to secure payment of the purchase price of the Goods and all outstanding debts and obligations of the Customer to Xxxxxxx. b) For the avoidance of doubt, the Customer acknowledges and agrees that by agreeing to these Terms the Customer grants a Purchase Money Security Interest to Xxxxxxx, as that term is defined in the PPSA, in all goods and/or materials supplied by Xxxxxxx to the Customer. c) The Customer will provide such information, do such acts and execute such further documents as in Xxxxxxx'x opinion may be necessary or desirable to enable Xxxxxxx to perfect under the PPSA the security interest created by these terms and conditions as a first priority interest or with such other priority as Xxxxxxx may agree to in writing.
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PERSONAL PROPERTIES SECURITIES ACT 1999. [1] Notwithstanding Clause 6 of this Agreement the Parties acknowledge that the Customer grants Hazmat Decontamination a security interest over all Goods supplied to the Customer pursuant to the Building Work. [2] Pursuant to clause 6 the Customer: [a] agrees to Hazmat Decontamination registering a financing statement to protect its security interest under these terms and conditions; [d] shall pay on request the cost of registering or subsequently amending the financial statement and costs of attempting to enforce the contract evidenced by this Agreement; and [e] agrees that Sections 125, 126, 127, 129, 131, 132, 133, 134 of the PPSA will not apply to the security interest(s) created by these terms and conditions and waives the right to receive a verification statement under Section 148 of the PPSA.
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PERSONAL PROPERTIES SECURITIES ACT 1999. Customer acknowledges that: (1) by signing and assenting to the Contract, it grants a security interest to Tennant in all goods previously supplied to Buyer (if any) and all after acquired products supplied by Tennant to Buyer or for Buyer’s account; and (2) such security interest shall rank after security granted by Buyer to Buyer’s bank but prior to other charges; and (3) if requested by Tennant, Buyer will procure that its banker and any other charge- holders enter into a deed of priority with Tennant to ensure that Xxxxxxx’x security interest has the priority specified in this clause. (a) undertakes to: (i) sign any further documents and provide any further information (which information Buyer warrants to be complete, accurate and up-to-date in all respects) which Tennant may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register; (ii) not register a financing change statement or a change demand in respect of any products goods without Xxxxxxx’x express prior written consent; and (iii) give Tennant no less than 21 days express prior written notice of any proposed change in Buyer’s name or any other change in Buyer’s details; and (b) waives its rights to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest. Xxxxx agrees (to the extent permitted under the Personal Property Securities Act 1999) to contract out and otherwise waive its rights under Part 9 (Enforcement) of the Personal Property Securities Act 1999. Notwithstanding the above, upon delivery Tennant (w) cannot direct the disposition of the Products, (x) cannot rescind the transaction, (y) cannot prohibit the Buyer from using the Products in the ordinary course of business, and (z) has no other rights that would normally rest with the holder of a security interest on the Products.
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PERSONAL PROPERTIES SECURITIES ACT 1999. The Customer acknowledges that this contract creates a security interest in the Goods and, for avoidance of doubt, the proceeds of the sale of the Goods. The Customer agrees that: the Customer will, upon receiving a written request from Vortex and at its own cost and expense, promptly deliver all or any of the Goods to Vortex. If the Customer fails to deliver the Goods upon request, Vortex may at any time enter into any place where the Goods are located and remove the Goods; Vortex may sell all or any of the Goods without giving prior notice of the sale to the Customer; it shall immediately notify Vortex of any change in the Customer’s name, address or contact person details. if requested by Vortex, sign any documents, provide all necessary information and do anything else required by Vortex to ensure that the security interest is a perfected purchase money security interest.
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PERSONAL PROPERTIES SECURITIES ACT 1999. 18.1 The Buyer will grant to the Seller a security interest in all present and after acquired Goods and their proceeds. On the Seller’s request the Buyer shall promptly execute any documents and do anything else required by the Seller to ensure that the security interest created under this contract constitutes a perfected security interest (as that term is defined in the Personal Property Securities Act 1999 (“PPSA”)) over the Goods and their proceeds including providing any information the Seller reasonably require to complete a financing statement or a financing change statement. 18.2 The Buyer will pay to the Seller all costs, expenses and other charges incurred, expended or payable by the Seller in relation to the filing of a financing statement or a financing change statement in connection with this contract. 18.3 The Buyer agrees that nothing in sections 114(1)(a), 117(1)(c), 133 or 134 of the PPSA shall apply to this contract and that its rights as debtor in sections 116, 119, 120(2), 121 - 126, 127, 129 and 132 of the PPSA shall not apply to this contract. The Purchaser waives any right to receive a verification statement under the PPSA.
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PERSONAL PROPERTIES SECURITIES ACT 1999. 13.1 Unless otherwise defined in this Hire Contract, the terms “accession”, “collateral”, “financing statement”, “security interest”, and “verification statement” have the meaning given to those terms in the PPSA, and in this Clause 13 section references are references to sections of the PPSA.
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Related to PERSONAL PROPERTIES SECURITIES ACT 1999

  • Personal Property Securities Act The Customer acknowledges that under the Contract the Customer grants a Security Interest(s) to the Company, including but not limited to, the lien in Clause 6. The Customer acknowledges that the Contract constitutes a Security Agreement for the purposes of the PPS Act. The Guarantor acknowledges that under the Guarantee the Guarantor grants a Security Interest(s) to the Company, including (without limitation) a charge over all its property. The Guarantor acknowledges that the Guarantee constitutes a Security Agreement for the purposes of the PPS Act. If there is a Security Interest in favour of the Customer or the Guarantor and the Customer or the Guarantor proposes to register the Security Interest under the PPS Act, the Customer or the Guarantor (as applicable) must give the Company written notice prior to the registration that the Customer or the Guarantor (as applicable) proposes to register the Security Interest. The Customer and the Guarantor will do anything reasonably required by the Company to enable the Company to register its Security Interests, with the priority the Company requires, and to maintain the registration. The Security Interests arising under the Contract or the Guarantee attach to the Collateral in accordance with section 19(2) of the PPS Act and the parties confirm that they have not agreed that any Security Interest arising under the Contract or the Guarantee attaches at any later time. The Customer and the Guarantor each acknowledge that the Company may perfect its Security Interests by lodging a Financing Statement on the Personal Property Securities Register. To the extent that any of the enforcement provisions of Chapter 4 of the PPS Act apply to the Security Interests created under or referred to in the Contract or the Guarantee, the following provisions of the PPS Act will not apply: (i) section 95 (notice of removal of accession), to the extent that it requires the secured party to give a notice to the grantor; (ii) subsection 121(4) (enforcement of liquid assets – notice to grantor); (iii) section 130 (notice of disposal), to the extent that it requires the secured party to give the grantor a notice; (iv) paragraph 132(3)(d) (contents of statement of account after disposal); (v) subsection 132(4) (statement of account if no disposal); (vi) section 135 (notice of retention); (vii) section 142 (redemption of collateral); and (viii) section 143 (reinstatement of security agreement). The Company does not need to give the Customer or the Guarantor any notice under the PPS Act (including a notice of a Verification Statement) unless the notice is required by the PPS Act and that requirement cannot be excluded. The parties agree that neither party will disclose to an “interested person” (as defined in section 275(9) of the PPS Act) or any other person, any information of the kind described in section 275(1) of the PPS Act. The Customer and the Guarantor will not authorise the disclosure of any information of the kind described in section 275(1) of the PPS Act.

  • Securities Act, etc In view of the position of the Grantors in relation to the Pledged Collateral, or because of other current or future circumstances, a question may arise under the U.S. Securities Act of 1933, as now or hereafter in effect, or any similar statute hereafter enacted analogous in purpose or effect (such Act and any such similar statute as from time to time in effect being called the “Federal Securities Laws”) with respect to any disposition of the Pledged Collateral permitted hereunder. Each Grantor understands that compliance with the Federal Securities Laws might very strictly limit the course of conduct of the Collateral Agent if the Collateral Agent were to attempt to dispose of all or any part of the Pledged Collateral, and might also limit the extent to which or the manner in which any subsequent transferee of any Pledged Collateral could dispose of the same. Similarly, there may be other legal restrictions or limitations affecting the Collateral Agent in any attempt to dispose of all or part of the Pledged Collateral under applicable “blue sky” or other state securities laws or similar laws analogous in purpose or effect. Each Grantor recognizes that in light of such restrictions and limitations the Collateral Agent may, with respect to any sale of the Pledged Collateral, limit the purchasers to those who will agree, among other things, to acquire such Pledged Collateral for their own account, for investment, and not with a view to the distribution or resale thereof. Each Grantor acknowledges and agrees that in light of such restrictions and limitations, the Collateral Agent, in its sole and absolute discretion (a) may proceed to make such a sale whether or not a registration statement for the purpose of registering such Pledged Collateral or part thereof shall have been filed under the Federal Securities Laws and (b) may approach and negotiate with a limited number of potential purchasers (including a single potential purchaser) to effect such sale. Each Grantor acknowledges and agrees that any such sale might result in prices and other terms less favorable to the seller than if such sale were a public sale without such restrictions. In the event of any such sale, the Collateral Agent shall incur no responsibility or liability for selling all or any part of the Pledged Collateral at a price that the Collateral Agent, in its sole and absolute discretion, may in good xxxxx xxxx reasonable under the circumstances, notwithstanding the possibility that a substantially higher price might have been realized if the sale were deferred until after registration as aforesaid or if more than a limited number of purchasers (or a single purchaser) were approached. The provisions of this Section 5.04 will apply notwithstanding the existence of a public or private market upon which the quotations or sales prices may exceed substantially the price at which the Collateral Agent sells.

  • Securities Act Liabilities Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify Indemnitee or otherwise act in violation of any undertaking appearing in and required by the rules and regulations promulgated under the Securities Act of 1933, as amended (the “Act”), or in any registration statement filed with the SEC under the Act. Indemnitee acknowledges that paragraph (h) of Item 512 of Regulation S-K currently generally requires the Company to undertake in connection with any registration statement filed under the Act to submit the issue of the enforceability of Indemnitee’s rights under this Agreement in connection with any liability under the Act on public policy grounds to a court of appropriate jurisdiction and to be governed by any final adjudication of such issue. Indemnitee specifically agrees that any such undertaking shall supersede the provisions of this Agreement and to be bound by any such undertaking.

  • U.S. Securities Law Matters The Parties agree that the Arrangement will be carried out with the intention that all Proportionate Voting Shares issued under the Arrangement to the JW Entities will be issued by the Company in reliance on the exemption from the registration requirements of the U.S. Securities Act provided by section 3(a)(10) thereof or another available exemption. In order to ensure the availability of the exemption under section 3(a)(10) of the U.S. Securities Act, the Parties agree that the Arrangement will be carried out on the following basis: (a) the Arrangement will be subject to the approval of the Court; (b) the Court will be advised as to the intention of the Parties to rely on the exemption from the registration requirements of the U.S. Securities Act under section 3(a)(10) thereof prior to the hearing required to approve the Arrangement; (c) before approving the Arrangement, the Court will be required to satisfy itself as to the procedural and substantive fairness of the Arrangement to the Company Shareholders; (d) the Company will ensure that the JW Entities will be given adequate notice advising them of their right to attend the Final Order hearing and will provide them with sufficient information for them to exercise that right; (e) the JW Entities hereby acknowledge that they have been advised that the Proportionate Voting Shares issued pursuant to the Arrangement have not been registered under the U.S. Securities Act and will be issued by the Company in reliance on the exemption under section 3(a)(10) of the U.S. Securities Act; (f) the Final Order approving the Arrangement that is obtained from the Court will expressly state that the Plan of Arrangement is fair and reasonable (as that term is understood for the purposes of section 182 of the OBCA) and is approved by the Court; and (g) the Interim Order approving the Company Meeting will specify that each Company Shareholder will have the right to appear before the Court at the Final Order hearing so long as they deliver a Notice of Appearance within the time prescribed by the Interim Order.

  • Compliance with the Securities Act of 1933 The Company may cause the legend set forth on the first page of this Warrant to be set forth on each Warrant or similar legend on any security issued or issuable upon exercise of this Warrant, unless counsel for the Company is of the opinion as to any such security that such legend is unnecessary.

  • Registration Under the Securities Act of 1933 None of the Warrants or Shares have been registered for purposes of public distribution under the Securities Act of 1933, as amended (the "Act").

  • Compliance with Securities Act The holder of this Warrant, by acceptance hereof, agrees that this Warrant, and the Shares to be issued upon exercise hereof are being acquired for investment and that such holder will not offer, sell or otherwise dispose of this Warrant, or any Shares except under circumstances which will not result in a violation of the Securities Act of 1933, as amended (the “Act”) or any applicable state securities laws. Upon exercise of this Warrant, unless the Shares being acquired are registered under the Act and any applicable state securities laws or an exemption from such registration is available, the holder hereof shall confirm in writing that the Shares so purchased are being acquired for investment and not with a view toward distribution or resale in violation of the Act and shall confirm such other matters related thereto as may be reasonably requested by the Company. This Warrant and all Shares issued upon exercise of this Warrant (unless registered under the Act and any applicable state securities laws) shall be stamped or imprinted with a legend in substantially the following form: “THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NO SALE OR DISPOSITION MAY BE EFFECTED WITHOUT (i) EFFECTIVE REGISTRATION STATEMENTS RELATED THERETO, (ii) AN OPINION OF COUNSEL OR OTHER EVIDENCE, REASONABLY SATISFACTORY TO THE COMPANY, THAT SUCH REGISTRATIONS ARE NOT REQUIRED, (iii) RECEIPT OF NO-ACTION LETTERS FROM THE APPROPRIATE GOVERNMENTAL AUTHORITIES, OR (iv) OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 7 OF THE WARRANT UNDER WHICH THESE SECURITIES WERE ISSUED, DIRECTLY OR INDIRECTLY.” Said legend shall be removed by the Company, upon the request of a holder, at such time as the restrictions on the transfer of the applicable security shall have terminated. In addition, in connection with the issuance of this Warrant, the holder specifically represents to the Company by acceptance of this Warrant as follows: (1) The holder is aware of the Company’s business affairs and financial condition, and has acquired information about the Company sufficient to reach an informed and knowledgeable decision to acquire this Warrant. The holder is acquiring this Warrant for its own account for investment purposes only and not with a view to, or for the resale in connection with, any “distribution” thereof in violation of the Act. (2) The holder understands that this Warrant has not been registered under the Act in reliance upon a specific exemption therefrom, which exemption depends upon, among other things, the bona fide nature of the holder’s investment intent as expressed herein. (3) The holder further understands that this Warrant must be held indefinitely unless subsequently registered under the Act and qualified under any applicable state securities laws, or unless exemptions from registration and qualification are otherwise available. The holder is aware of the provisions of Rule 144, promulgated under the Act. (4) The holder is an “accredited investor” as such term is defined in Rule 501 of Regulation D promulgated under the Act.

  • Securities Act of 1933 A registration statement under the Securities Act of 1933, as amended (the "1933 Act") has been filed and is currently effective, or will be effective prior to the sale of any Shares, and will remain so effective, and all appropriate state securities law filings have been made with respect to all the Shares of the Customer being offered for sale except for any Shares which are offered in a transaction or series of transactions which are exempt from the registration requirements of the 1933 Act and state securities laws; information to the contrary will result in immediate notification to the Transfer Agent.

  • Clean Air Act and Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

  • School Code, Section 10-20.21 - Contracts (Sheet is unprotected and can be re-formatted as needed, but must be used for submission)

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