Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rights: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA.

Personal Property Securities Act. 15.1 2009 (Cth) 14.1 In this clauseclause 14: 14.2 The retention of title arrangement in this Agreement constitutes the grant of a purchase money security interest by the Customer in favour of Xxxxxx in respect of all present and after acquired goods supplied to the Customer by Xxxxxx. 14.3 The Customer must immediately, unless the context requires otherwiseif requested by Xxxxxx, the phrases “sign any documents, provide all necessary information and do anything else required by Xxxxxx to ensure that Xxxxxx’x purchase money security interest is a perfected security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 14.4 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a will not enter into any security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms and Conditions creates a that permits any other person to have or to register any security interest in any personal property respect of the Customer which is otherwise charged by these Terms and Conditions; (c) to goods or any proceeds from the extent permitted by law, sections 96, 117 and 125 sale of the PPSA do not apply to an Agreement which is a goods until Xxxxxx has perfected its purchase money security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clauseinterest. 15.3 To the extent permitted by law14.5 For any goods supplied that are not goods that are used predominately for personal, domestic or household purposes, the Customer agrees that it waives its rights: (a) parties agree to receive a verification statement in accordance with section 157 contract out of the PPSA or to otherwise receive notice application of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections ss 95, 118, 121(4), 130, 132(3)(d132(4), 132(4135, 142 or 143 of the PPSA in relation to the goods. 14.6 The Customer hereby waives any rights the Customer may otherwise have to: (1) receive any notices the Customer would otherwise be entitled to receive under ss 95, 118, 121, 130, 132 or 135, (2) apply to a Court for an order concerning the removal of an accession under section 97, (3) object to a proposal of the Customer to purchase or retain any collateral under ss 130 and 135 135, (4) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest Rothar may have in goods supplied to the Customer from time to time 14.7 For the purposes of this clause, “PPSA” means the Personal Property Securities Act 2009. The expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest”, and “verification statement” have the meanings given to them under, or in the context of the PPSA. References to sections are the sections of the PPSA.

Personal Property Securities Act. 15.1 In 2009 (PPSA) 16.1 The Customer consents to G R Plant Hire affecting and maintaining a registration on the register (in any manner G R Plant Hire considers appropriate) in relation to any security interest contemplated or constituted by this clauseHire Agreement in the Goods and the proceeds arising in respect of any dealing in the Goods and the Customer agree to sign any documents and provide all assistance and information to G R Plant Hire required to facilitate the registration and maintenance of any security interest (including any purchase money security interest). 16.2 The Customer and G R Plant Hire agree to contract-out of the PPSA in accordance with section 115 to the extent that section applies for the benefit of, unless and does not impose a burden on G R Plant Hire. The Customer waives its right to receive a copy of any Financing Statement or any Financing Charge Statement registered by G R Plant Hire in respected of the context requires otherwisesecurity interest created by these Terms and Conditions. 16.3 The Customer waives its right to receive notice of a verification statement in relation to a registration by G R Plant Hire on the register. 16.4 If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have Customer agrees that the meanings given following provisions of the PPSA will not apply to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees thatenforcement of these terms: (a) an Agreement constitutes a security agreement for section 95: Notice of removal of accession – to the purposes of extent that it requires G R Plant Hire to give notice to the PPSACustomer; (b) section 96: When a person with an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the Customer which is otherwise charged by these Terms and Conditionswhole may retain an accession; (c) section 121(4): Enforcement of liquid assets – notice to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreementgrantor; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees section 125: Obligation not to do all things necessary to affect such a registration and ensure that such a security interest is enforceabledispose of or retain collateral; (e) section 130: Notice of disposal to the extent that it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require requires G R Plant Hire to properly register a financing statement or financing change statement in relation give notice to a security interest on the PPSR or any other document required to be registered by the PPSACustomer; (f) it will not register a financing change section 132(3)(d): Contents of statement in respect of a security interest or a financing change statement in favour account after disposal; (g) section 132(4): Statement of a third party without the prior written consent account if no disposal: (h) section 134(1): Retention of Xxxxxxxcollateral; (i) section 135: Notice of retention of collateral; (j) section 142: Redemption of collateral; and (gk) it will unconditionally ratify any actions taken by Xxxxxxx under this clausesection 143: Reinstatement of security agreement. 15.3 To the extent permitted by law, 16.5 G R Plant Hire agrees with the Customer agrees that it waives its rights: (anot to disclose information of the kind mentioned in s 275(1) to receive a verification statement in accordance with section 157 of the PPSA except in circumstances required by s 275(b)-(e). 16.6 The Customer agrees that, until all monies owing to G R Plant Hire are paid in full, it shall not sell or grant any other security interest in the Collateral. 16.7 The Customer agrees to otherwise receive notice reimburse G R Plant Hire, upon demand, for all costs and/or expenses incurred or payable by G R Plant Hire in relation to registering or maintaining any financing statement, releasing in whole or in part of the registration G R Plant Hire’s security interest or any other document in respect of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSAinterest.

Personal Property Securities Act. 15.1 In this clause, unless 14.1 If ORIX determines that the context requires otherwiseRental Agreement is or contains a Security Interest, the phrases “security interest”Customer agrees to promptly do anything (including amending the Rental Agreement, “security agreement”executing any new document, “financing statement” obtaining consents, signing and “financing change statement”producing documents, have getting documents completed and signed and supplying information) which ORIX may at any time require for the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees thatpurposes of: (a) an Agreement constitutes a security agreement for ensuring that the purposes of the PPSA;Security Interest is enforceable, perfected and otherwise effective; or (b) ensuring that the Security Interest is: (i) continuously perfected and/or; (ii) perfected by control; and/or (iii) perfected in a way that will reduce as far as reasonably possible the risk of a third party acquiring an agreement incorporating these Terms and Conditions creates a security interest in any personal property collateral the subject of the Customer which is otherwise charged by these Terms and Conditions;Security Interest, to the extent possible under the PPSA; or (c) enabling ORIX to apply for registration, or give any notification, in connection with the Security Interest so that the Security Interest has the priority required by ORIX; or (d) enabling ORIX to exercise any right or power in connection with the Security Interest. The Customer agrees that it will bear all costs and expenses that the Customer incurs in complying with this clause 14.1 and any costs and expenses incurred by ORIX for the purposes set out in clause 14.1 14.2 The Customer must not change or remove the Serial Number of any Equipment without the consent of ORIX 14.3 To the extent permitted by law, and in respect of any Security Interest created by the Rental Agreement: (a) the parties contract out of sections 9695, 117 121(4), 125, 130, 132(3)(d), 132(4), 142 and 125 143 of the PPSA do not apply (to an Agreement which is a security agreementthe extent, if any, mentioned in section 115(1) of the PPSA); (db) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees irrevocably and unconditionally waives its right to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign receive any documents and provide any further information which Xxxxxxx may reasonably require to properly register verification statement in respect of a financing statement or financing change statement in relation relating to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of XxxxxxxSecurity Interest; and (gc) it will the Customer irrevocably and unconditionally ratify waives its right to receive any actions taken by Xxxxxxx other notice required under this clausethe PPSA unless the provision of such notice can not be excluded; and (d) the parties contract out of the application of subsection 116(2) of the PPSA of any provision of Part 4.3 of the PPSA in relation to the Equipment. 15.3 To 14.4 The parties agree to the full extent permitted by law, law not to disclose information of the kind mentioned in section 275(1) of the PPSA. The Customer agrees that it waives its rights:will only authorise the disclosure of information under section 275(7)(c), or request information under section 275(7)(d), if ORIX approves. 14.5 The Customer warrants that – (a) all information or documentation provided to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; ORIX under this clause 14 is accurate and complete, and (b) except where it is specifically agreed to receive notices or statements under sections 95the contrary in a Special Condition set out in the Rental Schedule, 118, 121(4), 130, 132(3)(d), 132(4) the Customer does not and 135 of will not hold any Equipment as inventory (within the meaning given to that expression in the PPSA) 14.6 If any collateral that is subject to a Security Interest created by the Rental Agreement gives rise to any proceeds, the proceeds (including any proceeds within the definition of that term in the PPSA) derived, directly or indirectly from any dealing with the collateral or otherwise arising out of or relating to that collateral whether or not the dealing is permitted under the Security Interest, ORIX's Security Interest continues in the collateral and attaches to the proceeds.

Personal Property Securities Act. 15.1 2009 (“PPSA”) 19.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “clause financing statement” and “, financing change statement”, have security agreement, and security interest has the meanings meaning given to them it by the PPSA.. Terms of Hire - V1.0 03/2022 HMC Group Solutions Pty Ltd | 20624155086 15.2 The Customer acknowledges, consents 19.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that: (a) an Agreement constitutes that these terms and conditions constitute a security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms PPSA and Conditions creates a security interest in any personal property of all Equipment that has previously been supplied and that will be supplied in the Customer which is otherwise charged future by these Terms and Conditions;HMC Group Solutions to the Client. 19.3 The Client undertakes to: (ca) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any further documents and and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Xxxxxxx HMC Group Solutions may reasonably require to properly to: (i) register a financing statement or financing change statement in relation to a security interest on the PPSR or PPSR; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 19.3(a)(i) or 19.3(a)(ii); (fb) it will indemnify, and upon demand reimburse, HMC Group Solutions for all expenses incurred in registering a financing statement or financing change statement on the PPSR established by the PPSA or releasing any Equipment charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of HMC Group Solutions; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clauseHMC Group Solutions. 15.3 To 19.4 HMC Group Solutions and the extent permitted Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by lawthese terms and conditions. 19.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA. 19.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 19.7 Unless otherwise agreed to in writing by HMC Group Solutions, the Customer agrees that it Client waives its rights: (a) their right to receive a verification statement in accordance with section 157 of the PPSA or PPSA. 19.8 The Client must unconditionally ratify any actions taken by HMC Group Solutions under clauses 19.3 to otherwise receive notice 19.5. 19.9 Subject to any express provisions to the contrary (including those contained in this clause 14), nothing in these terms and conditions is intended to have the effect of contracting out of any of the registration provisions the PPSA. 19.10 Only to the extent that the hire of any the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 14 apply as a security interest on agreement in the PPSR; and (b) to receive notices or statements under sections 95form of a PPS Lease in respect of Section 20 of the PPSA, 118, 121(4), 130, 132(3)(d), 132(4) and 135 in all other matters this clause 14 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement The Customer must, at its cost, do or cause to be done anything (such as obtaining consents, completing, signing and producing documents and supplying information) which Pinpoint Communications requests and considers necessary or desirable for the purposes of of: 1. Ensuring that each security interest provided by this Agreement is enforceable, attached, perfected, protected and otherwise effective; 2. Enabling Pinpoint Communications to apply for any registration, or give any notification, in connection with each such security interest so that that security interest has the PPSA;priority required by Pinpoint Communications; and 3. Enabling Pinpoint Communications to exercise rights in connection with each such security interest. (b) an agreement incorporating these Terms The Customer acknowledges and Conditions creates a agrees that Pinpoint Communications may register one or more financing statements in relation to any security interest in any personal property of provided for by this Agreement. If permitted by the PPSA, the Customer which is otherwise charged by these Terms and Conditions;waives its right to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement: (c) to To the extent permitted by lawthat Chapter 4 of the PPSA would otherwise apply, sections 96, 117 the Customer and 125 Pinpoint Communications agrees that the following provisions of the PPSA do not apply to an Agreement which is a security agreement;apply: (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clause. 15.3 1. To the extent permitted by law, the Customer agrees that it waives its rights: (asection 115(1) to receive a verification statement in accordance with section 157 of the PPSA or allows them to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements under be excluded: sections 95, 118, 121(4), 125, 129(2) and (3), 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and 2. In addition, to the extent that section 115(7) of the PPSA allows them to be excluded: sections 127, 129(2) and 135 (3), 132, 134(2), 135, 136(3), 136(4), 136(5) and 137. 3. The Customer agrees that at any time after any security interest provided for by this Agreement has become enforceable, Pinpoint Communications may delay disposing of, or taking action to retain, the whole or part of the relevant property to the extent permitted by law. (d) Xxxxxx agreed to by Pinpoint Communications in writing, the Customer acknowledges and agrees that Pinpoint Communications has not agreed to subordinate any security interest provided for by this Agreement in favour of any third party. (e) Subject to section 275(7) of the PPSA, neither the Customer nor Pinpoint Communications may disclose information of the kind referred to in section 275(1) of the PPSA, nor is Pinpoint Communications not required to respond to a request for information made in accordance with section 275(1) of the PPSA, unless otherwise agreed in writing. (f) For the purposes of this Agreement, terms defined in the PPSA have the same meaning in this Agreement

Personal Property Securities Act. 15.1 In this clause, unless 9.1 Notwithstanding anything to the context requires otherwisecontrary contained in these Conditions, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have PPSA applies to these Conditions. 9.2 For the meanings given to them by purposes of the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement for terms used in this clause 9 that are defined in the purposes of PPSA have the same meaning as in the PPSA; (b) an agreement incorporating these Terms and Conditions creates are a security interest agreement and Westec has a Purchase Money Security Interest in any personal property all present and future goods supplied by Westec to the Buyer and the proceeds of the Customer which is otherwise charged by these Terms and Conditionsgoods; (c) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which security interest is a security agreement;continuing interest irrespective of whether there are monies or obligations owing by the Buyer at any particular time; and (d) Xxxxxxx may register the Buyer must do whatever is necessary in order to give a valid security interest created under an Agreement over the goods and their proceeds which is able to be registered by Westec on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a Register. 9.3 The security interest is enforceable;arising under this clause 9 attaches to the goods when the goods are collected or dispatched from Westec's premises and not at any later time. (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered 9.4 Where permitted by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clause. 15.3 To the extent permitted by law, the Customer agrees that it Buyer waives its rights: (a) any rights to receive a verification statement in accordance with section 157 of the PPSA notifications, verifications, disclosures or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) ), 135 and 135 157 of the PPSA. 9.5 Xxxxxx and the Buyer agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA will apply to these Conditions. 9.6 To the extent permitted by the PPSA, the Buyer agrees that: (a) the provisions of Chapter 4 of the PPSA which are for the benefit of the Buyer or which place obligations on Westec will apply only to the extent that they are mandatory or Westec agrees to their application in writing; and (b) where Westec has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply. 9.7 The Buyer must immediately upon Xxxxxx's request: (a) do all things and execute all documents necessary to give effect to the security interest created under this Contract; and (b) procure from any person considered by Westec to be relevant to its security position such agreements and waivers (including as equivalent to those above) as Westec may at any time require. 9.8 Westec may allocate amounts received from the Buyer in any manner Westec determines, including in any manner required to preserve any Purchase Money Security Interest it has in goods supplied.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an By signing this Agreement, the Supplier acknowledges that if this Agreement constitutes and the transactions contemplated by it, operate as, or give rise to, a security agreement interest for the purposes of the PPSAPPS Law ("Security Interest"), the Supplier must do anything (including amending this Agreement or any other document, executing any new terms and conditions or any other document, obtaining consents, getting documents completed and signed and supplying information) that Watpac considers necessary under, or as a result of, the PPS Law for the purposes of:‌‌ (i) ensuring that the Security Interest is enforceable, perfected or otherwise effective and has the highest priority possible under the PPS Law; (bii) an agreement incorporating these Terms and Conditions creates a security interest enabling Watpac to apply for any registration, or give any notification, in any personal property connection with the Security Interest, including the registration of the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement statement; or‌ (iii) enabling Watpac to exercise rights in relation connection with the Security Interest and this Agreement. (b) If Chapter 4 of the PPS Act applies to the enforcement of the Security Interest, the Supplier agrees the following provisions of the PPS Act will not apply to the enforcement of the Security Interest: sections 95 (to the extent that it requires Watpac to give a security interest on notice to the PPSR or any other document required Supplier), 96, 121(4), 125, 130 (to be registered by the PPSAextent that it requires Watpac to give a notice to the Supplier), 132(3)(d), 132(4), 135, 142 and 143.‌ (c) The Supplier: (i) acknowledges that the Security Interests created under this Agreement relate to collateral and all proceeds in respect of that collateral (until Watpac is paid in full for the collateral); (fii) acknowledges that to the maximum extent permitted by Law, it waives any right to receive a verification statement under the PPS Law in respect of the Security Interest; and‌ (iii) undertakes it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; andWatpac. (gd) it The parties agree that neither of them will unconditionally ratify any actions taken by Xxxxxxx under disclose information of the kind referred to in section 275(1) of the PPS Act and that this clause. 15.3 To clause 29(d) constitutes a confidentiality agreement within the extent permitted by law, meaning of the Customer agrees that it waives its rights:PPS Law.‌‌ (ae) The Supplier agrees to receive a verification statement in accordance with waive any right it may have, or but for this clause 29(e) may have had, under section 157 275(7)(c) of the PPSA or PPS Act to otherwise receive notice authorise the disclosure of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSAabove information.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the 2009 (PPSA. 15.2 The Customer acknowledges, consents and agrees that:) (a) an Agreement constitutes The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA;PPSA and create a security interest in all goods that have previously been supplied and that will be supplied in the future by ARK to the Customer. (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the The Customer which is otherwise charged by these Terms and Conditions;undertakes to: (ci) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any further documents and and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Xxxxxxx ARK may reasonably require to properly to; (a) register a financing statement or financing change statement in relation to a security interest on the PPSR or Personal Property Securities Register; (b) register any other document required to be registered by the PPSAPPSA ; or (c) correct a defect in a statement referred to in clause 9(b)(i)(a) or (b); (fii) it will indemnify, and upon demand reimburse, ARK for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register established by the PPSA or releasing any goods and/or services charged thereby; (iii) not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; andARK; (giv) it will unconditionally ratify any actions taken by Xxxxxxx under this clausenot register, or permit to be registered, a financing statement or financing charge statement in relation to the goods and/or services in favour of a third party, without the prior written consent of ARK. 15.3 To (c) ARK and the extent permitted Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by lawthese terms and conditions. (d) The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. (e) The Customer waives their rights as a grantor and/or a debtor under section 142 and 143 of the PPSA. (f) Unless otherwise agreed to in writing by XXX, the Customer agrees that it waives its rights: (a) the right to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice PPSA. (g) If it is held that section 125 of the registration of PPSA must apply, the Customer agrees that at any time after any security interest on provided for by these terms and conditions has become enforceable, ARK may delay taking action to retain the PPSR; andwhole or part of the collateral, to the extent permitted by law. (bh) The Customers right to receive notices possession of goods still owned by ARK shall cease if: ( i) the Customer being an individual, commits an act of bankruptcy; ( ii) the Customer being a company, circumstances arise where a receiver, manager, administrator, liquidator or statements under sections 95controller becomes entitled to take possession of any of its assets, 118any proceedings are instituted for winding up, 121(4)or the Customer enters into a deed of arrangement ; ( iii) the Customer ceases or threatens to cease conducting business in the normal manner, 130or applies for deregistration or receives a deregistration notice; ( iv) any cheque the Customer provides to ARK is dishonoured; ( v) the Customer fails to comply with any demand for payment issued by ARK, 132(3)(d)or ( vi) the Customer breaches any of these terms and conditions. (i) The Customer must unconditionally ratify any actions taken by in terms of this clause. (j) Subject to any express provisions to the contrary, 132(4) nothing in these terms and 135 conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledgesacknowledges that any agreement entered into between TAE and the Customer in connection with Goods supplied (including, consents without limitation, pursuant to any leasing arrangements) and/or Services rendered in connection with these Terms and agrees that: (a) an Agreement constitutes Conditions may constitute a security agreement for the purposes of section 20 of the Personal Property Securities Xxx 0000 (Cth) (PPSA; ) and that a security interest and/or purchase money security interest may exist in certain Goods (band their proceeds) an agreement incorporating previously supplied by TAE to the Customer (if any) and in certain future Goods (and their proceeds) supplied by TAE to the Customer. The Customer must execute documents and do such further acts as may be required by TAE to register any security interest and/or purchase money security interest granted to TAE under these Terms and Conditions creates a security interest in any personal property under the PPSA. Until ownership of goods passes, the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 waives its following rights under Chapter 4 of the PPSA do not apply to an Agreement which is a security agreement; (d) Xxxxxxx may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which Xxxxxxx may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of Xxxxxxx; and (g) it will unconditionally ratify any actions taken by Xxxxxxx under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rightsto: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 120, 121(4), 123, 125, 129, 130, 132(3)(d135(2) AND 157(1), 132(4; (b) receive statements of account under sections 132(2) and 135 132(4); (c) object to any proposals under section 137(2)’ (d) redeem the goods under section 142; or (e) reinstate the security agreement under section 143. Unless ownership of the Goods passes, the Customer must not give to TAE a written demand or allow any other person to give TAE a written demand requiring TAE to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA Without limiting any other rights of TAE, the Customer irrevocably grants to TAE the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if TAE has cause to exercise TAE’s rights to repossess Goods (including, without limitation, under sections 123 and/or 128 of the PPSA) and the Customer indemnifies TAE from any claims made by any third party as a result of such exercise.