PERSONAL PROPERTY SECURITIES ACT 2009 Sample Clauses
PERSONAL PROPERTY SECURITIES ACT 2009 a. The Customer consents to the Company effecting a registration on the PPSA register (in any manner the Company deems appropriate) in relation to any security interest arising under or in connection with or contemplated by these terms.
b. The Customer waives its right to receive notice of a verification statement in relation to any registration by the Company on the register.
c. The Customer agrees to promptly execute any documents, provide all relevant information, fully cooperate with the Company and do any other act or thing that the Company requires to ensure that the Company has a perfected security interest in, and has priority over any other security interests in, the Goods or otherwise.
d. The Customer agrees that, until all monies owing to the Company are paid in full, it shall not sell or grant any other Security Interest in the Goods.
e. The Customer will not register a financing change statement in respect of the security interest without the Company's prior written consent.
f. The Customer agrees that the Company may, at its absolute discretion, apply any amounts received from the Customer toward amounts owing to the Company in such order as the Company may determine.
g. If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, the Customer agrees that the following provisions of the PPSA will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires the Company to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires the Company to give a notice to the Customer; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).
h. Notices or documents required or permitted to be given to the Company for the purposes of the PPSA must be given in accordance with the PPSA.
i. The Company agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPSA except in circumstances required by p...
PERSONAL PROPERTY SECURITIES ACT 2009. (“PPSA”)
20.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
20.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA, and creates a security interest in:
(a) all Goods being transported, carried or handled by CNC, over which CNC invokes a lien; and
(b) all Carriage that will be supplied in the future by CNC to the Client; and
(c) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to CNC for Carriage – that have previously been provided and that will be provided in the future by CNC to the Client.
20.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CNC may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 20.3(a)(i) or 20.3(a)(ii);
(b) indemnify, and upon demand reimburse, CNC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of CNC;
(d) 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 prior written consent of CNC.
20.4 CNC and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
20.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
20.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
20.7 Unless otherwise agreed to in writing by CN...
PERSONAL PROPERTY SECURITIES ACT 2009. 28.1 For the purposes of the PPSA, but without limiting any other term of this Agreement, by executing this Agreement and any subsequent amendment, You grant a security interest to us in the following:
(a) The Stock;
(b) Any products derived from the Stock including without limitation all carcasses, meat and any other products or by-products which includes, without limitation, commingled goods;
(c) All proceeds in relation to any goods or products referred to in clause 28.1(a) or 28.1(b) including without limitation money, accounts receivable and insurance proceeds; and
(d) Any products for which any of the goods or products referred to in clause 28.1(a) or 28.1(b) have been exchanged or traded or that have been acquired in lieu of the Stock, as security for your obligations under this Agreement.
28.2 You agree that if demand is made by us, you will immediately execute an instrument of security, as required by us. If you fail to do so within a reasonable time of being so requested, we or any director or agent engaged by us may do so on your behalf by virtue of clause 25.
28.3 If you sell, hire or otherwise dispose of or deal with the Stock (whether in accordance with the terms of this Agreement or not), you hold all of the book debts and proceeds in respect of such sale, hire, disposal or dealing on trust for us and must keep any such proceeds in a separate account and not mix them with any other funds.
28.4 You shall not, without our prior written consent, enter into any security agreement with any other party that permits that party to register a security interest in respect of the Stock or any proceeds of sale of the Stock.
28.5 We may, at our discretion and in such manner as we determine, allocate any payments made by you, and any other amount that may be due by you to us.
28.6 If requested by us, you shall promptly and without undue delay execute any documents (including any new contracts or mortgages over real estate), provide all information required in order to complete a financing statement (as defined under the PPSA) and comply with any other reasonable requests by us to ensure that our purchase money security interest(s) and general security interest are perfected.
28.7 You shall immediately notify us in writing of any change to your name and shall also provide all information required in order to complete a financing change statement.
28.8 You waive your right to receive a copy of the verification statement confirming registration of a financin...
PERSONAL PROPERTY SECURITIES ACT 2009 a. The Customer consents to the Company effecting a registration on the PPSA register (in any manner the Company deems appropriate) in relation to any security interest in the Goods and the proceeds of those Goods arising under or in connection with or contemplated by these terms.
b. The Customer waives its right to receive notice of a verification statement in relation to any registration by the Company on the register and any other notice required under the PPSA.
c. The Customer agrees to promptly execute any documents, provide all relevant information, fully cooperate with the Company and do any other act or thing that the Company requires to ensure that any interest created under these terms is perfected and remains continuously perfected, has priority over any other security interests in the Goods or otherwise and any defect in the security interest, including its registration, is overcome.
d. The Customer must not, without providing prior written notice to the Company, change its name, address, contact details or any other details that would cause any details in a financing statement to be different if the security interest was re-registered.
e. The Customer must not, without the Company’s prior consent, allow any of the Goods to become an accession to, or commingled with, any property that is not subject to a security interest under these Terms.
f. The Customer agrees that, until all monies owing to the Company are paid in full, it shall not sell or grant any other security interest in the Goods.
g. The Customer will not register a financing change statement in respect of the security interest without the Company's prior written consent.
h. The Customer agrees that the Company may, at its absolute discretion, apply any amounts received from the Customer toward amounts owing to the Company in such order as the Company may determine.
i. If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, the Customer agrees that the following provisions of the PPSA will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires the Company to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); section 117 (security interests in personal property and land); section 118 (enforcement in accordance with land law); section 120 (enforcement of liquid assets - general); subsecti...
PERSONAL PROPERTY SECURITIES ACT 2009. 16.1 For the purposes of this clause 15 “PPSA” means the Personal Property Securities Act 2009 (Cth) and all regulations made under that Act. All references to “sections” in this clause 15 are to sections of that Act.
16.2 You acknowledge and agree that:
(a) the Agreement constitutes a security agreement for the purposes of PPSA; and
(b) by accepting these Terms and Conditions you grant a security interest (by virtue of the retention of title provisions of these Terms and Conditions) to us in all Goods and Services previously supplied to you by us (if any) and all Goods and Services that will be supplied in the future to you by us during the continuation of our relationship.
PERSONAL PROPERTY SECURITIES ACT 2009. 18.1 For the purposes of this clause “PPSA” means the Personal Property Securities Act 2009 (Cth) and all regulations made under that Act. All references to “sections” in this clause are to sections of that Act.
18.2 You acknowledge and agree that:
(a) the Agreement constitutes a security agreement for the purposes of PPSA; and
(b) by accepting these Terms and Conditions you grant a security interest (by virtue of the retention of title provisions of these Terms and Conditions) to us in all Goods and Services previously supplied to you by us (if any) and all Goods and Services that will be supplied in the future to you by us during the continuation of our relationship.
18.3 You undertake to:
(a) sign any further documents and provide any further information (which information you warrant to be complete, accurate and up to date in all respects) which we may reasonably require to enable registration a financing statement or a financing change statement on the Personal Property Securities Register established under the PPSA;
(b) not register a financing change statement or make an amendment demand in relation to any security interest created by the Agreement without our prior written consent;
(c) give us at least 14 days’ prior written notice of any proposed changes to your details; and
(d) pay all costs incurred by us in registering and maintaining a financing statement (including registering a financing change statement) on the Personal Property Securities Register and/or enforcing or attempting to enforce the security interest created by the Agreement.
PERSONAL PROPERTY SECURITIES ACT 2009. 16.1 For the purposes of this clause 16 “PPSA” means the Personal Property Securities Act 2009 (Cth) and all regulations made under that Act. All references to “sections” in this clause 16 are to sections of that Act.
PERSONAL PROPERTY SECURITIES ACT 2009. Vendor will not register a financing statement in relation to the supply of Goods on the Personal Property Securities Register and will immediately, upon EIF’s request, remove any financing statement so registered.
PERSONAL PROPERTY SECURITIES ACT 2009. PPSA")
16.1 Notwithstanding anything to the contrary contained in this Contract, the PPSA applies to this Contract.
16.2 For the purposes of the PPSA, terms used in this clause 16 that are defined in the PPSA have the same meaning as in the PPSA.
16.3 In placing any order the Buyer expressly represents that the Buyer:
(i) Is solvent; and
(ii) Has not committed an act of bankruptcy; and
(iii) Knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver or which would entitle any creditor or shareholder to apply to the Court to liquidate the Company or exercise any other rights over or against the Buyer's assets.
16.4 The title or property in any goods delivered by the Company to the Buyer shall pass to the Buyer only upon payment in full by the Buyer to the Company of all moneys owed to the Company. The Company holds a Purchase Money Security Interest in all present and future goods supplied to the Buyer for payment of those moneys.
16.5 The security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Buyer at any particular time.
16.6 The security interest arising under this clause 16 attaches to the goods when the goods are dispatched and not at any later time.
16.7 Until all moneys due to the company are paid by the Buyer, the Buyer agrees to act as a fiduciary of the Company and that the Buyer will:
(i) Not sell, charge or part with the possession of the goods, otherwise than for their full values in the ordinary course of business;
(ii) Not alter, obliterate or deface the goods and will not alter, obliterate, deface, over up, or remove any identity mark indicating that the goods are the Company's property.
(iii) Store the goods in such a manner that they are clearly identifiable as the Company's property and must keep separate records of the goods;
(iv) Hold the proceeds of the resale of the goods in trust for the Company, in a separate and identifiable account with a bank to whom the Buyer has not given security.
16.8 At the Company's request, the Buyer will promptly deliver, execute or do (or cause to be executed, delivered or done) any documents, contracts, agreements, deeds or other action that the Company may require from time to time to give effect to this Contract, including without limitation doing all such things as the Company may require to ensure that the Security Interest created under this Contract constitutes a perfected Security Interest...
PERSONAL PROPERTY SECURITIES ACT 2009. For the purposes of this clause, the defined terms used in this clause have the meaning given in the PPSA unless the context indicates otherwise. Title to any Products delivered to the Client will not pass to the Client until the Client has paid all amounts that it owes to the Aestec in full (including the purchase price for the Products). Aestec only consents to the Client selling or otherwise disposing of the Products in the ordinary course of the Client’s ordinary business to bona fide customers and unrelated third parties on arm’s length terms, while no default is subsisting. The Client must keep the Products separately stored and marked as the property of Aestec. The Client must not do any of the following in relation to any of the Products except where expressly permitted by this Agreement:
(a) create or allow any interest in, or dispose or part with possession of, the Products;
(b) allow the Products to be taken outside Australia;
(c) allow the Products to become an accession to or commingled with any other property; or
(d) xxxxx any security interest in respect of accounts owed to it in relation to the Products, without the Aestec’s prior written consent.