Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges that these Terms constitute a security agreement which creates a security interest in favour of the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired Goods and Services supplied by the Vendor 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 the Vendor, as that term is defined in the PPSA. (b) 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 these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after-acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to: (i) 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 the Vendor may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register ("PPSR"); (ii) not register a financing change statement as defined in section 135 of the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, the Customer waives its rights and, with the Vendor's agreement, contracts out of its rights under sections referred to in sections 107(2), 8(e) and (g) to (l) of the PPSA. (f) The Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Services. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges that these Terms constitute a “Financing statement”, “financing change statement”, “security agreement which creates a security interest in favour of the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired Goods and Services supplied by the Vendor to the Customer (or for the Customer's account) to secure the payment from time to time and at a timeinterest”, including future advances. The Customer agrees to grant a "“purchase money security interest" ”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to the Vendor, as that term is defined in them by the PPSA. (ba) The In consideration of XXXXXXXX supplying the Products and/or Services to the Customer at the request of the Customer, the Customer by signing these Terms of Sale: (i) grants to XXXXXXXX a “Purchase Money Security Interest” (“PMSI”) in all Products supplied by XXXXXXXX to the Customer from time to time as security for payment of the purchase price of the Products; (ii) grants to XXXXXXXX a “Security Interest” (“SI”) in all Products supplied by XXXXXXXX to the Customer from time to time as security for payment of any other amount owed by the Customer to XXXXXXXX and as security for the performance by the Customer of the obligations set out in these Terms of Sale; (iii) agrees that any Products supplied by XXXXXXXX to the Customer by way of sale, or proceeds of sale of the Products coming into existence after the date of these Terms of Sale will come into existence subject to the PMSI and SI granted herein and these Terms of Sale without the need for any further action or agreement by any party; (iv) acknowledges that the Customer has received valuable consideration from XXXXXXXX and agrees that it is sufficient; and (v) agrees that the PMSI and SI has attached to all Products supplied now or in the future by assenting to these terms the Customer grants a security interest (by virtue of the retention of title clause in these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor XXXXXXXX to the Customer and that the attachment of the PMSI has in no way been deferred or postponed. (if anyb) and all after-acquired Goods and Services supplied by XXXXXXXX reserves the Vendor right to the Customer (or for the Customer's account) and these terms shall apply notwithstanding anything express or implied to the contrary contained register a financing statement in the Customer's purchase orderPersonal Properties Securities Register to perfect the PMSI and/or SI created under these Terms of Sale. (c) The Customer undertakes to: (i) 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 the Vendor may reasonably require to enable registration costs of registering a financing statement or financing change statement on the Personal Property Securities Register ("PPSR"); (ii) not register a financing change statement as defined in section 135 of the PPSA or make a demand can be charged to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116by XXXXXXXX at XXXXXXXX’x complete discretion, 119and may, 120(2)where applicable, 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating be charged to the security interestcustomer’s credit account with XXXXXXXX. (e) To the maximum extent permitted by law, the Customer waives its rights and, with the Vendor's agreement, contracts out of its rights under sections referred to in sections 107(2), 8(e) and (g) to (l) of the PPSA. (f) The Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Services. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges that these Terms constitute a “Financing statement”, “financing change statement”, “security agreement which creates a security interest in favour of the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired Goods and Services supplied by the Vendor to the Customer (or for the Customer's account) to secure the payment from time to time and at a timeinterest”, including future advances. The Customer agrees to grant a "“purchase money security interest" ”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to the Vendor, as that term is defined in them by the PPSA. (a) In consideration of KATANA FOUNDATIONS supplying the Products to the Customer at the request of the Customer, the Customer by signing these Terms of Sale:- (i) grants to KATANA FOUNDATIONS a “Purchase Money Security Interest” (“PMSI”) in all Products supplied by KATANA FOUNDATIONS to the Customer from time to time as security for payment of the purchase price of the Products; (ii) grants to KATANA FOUNDATIONS a “security interest” (“SI”) in all Products supplied by KATANA FOUNDATIONS to the Customer from time to time as security for payment of any other amount owed by the Customer to KATANA FOUNDATIONS and as security for the performance by the Customer of the obligations set out in these Terms of Sale; (iii) agrees that any Products or proceeds of sale of the Products coming into existence after the date of these Terms of Sale will come into existence subject to the PMSI and SI granted herein and these Terms of Sale without the need for any further action or agreement by any party; (iv) acknowledges that the Customer has received valuable consideration from KATANA FOUNDATIONS and agrees that it is sufficient; and (v) agrees that the PMSI and SI have attached to all Products supplied now or in the future by KATANA FOUNDATIONS to the Customer and that the attachment of the PMSI has in no way been deferred or postponed. (b) The KATANA FOUNDATIONS reserves the right to register a financing statement in the Personal Properties Securities Register to perfect the PMSI and/or SI created under these Terms of Sale; (c) the costs of registering a financing statement or a financing change statement can be charged to the Customer by KATANA FOUNDATIONS at KATANA FOUNDATIONS complete discretion and may, where applicable, be charged to the Customer’s credit account with KATANA FOUNDATIONS; (d) the Customer must promptly, on request by XXXXXX FOUNDATIONS, execute all documents and do anything else reasonably required by KATANA FOUNDATIONS to ensure that the PMSI and SI created under these Terms of Sale constitutes a perfected security interest; (e) the Customer must not agree to allow any person to register a financing statement over, any of the Products in which KATANA FOUNDATIONS has any PMSI and/or SI without the prior written consent of KATANA FOUNDATIONS and will immediately notify KATANA FOUNDATIONS if the Customer becomes aware of any person or entity taking steps to register a financing statement in relation to any such Products; (f) the Customer must not allow the Products to become accessions or commingled with other goods unless KATANA FOUNDATIONS has first perfected any PMSI or SI that KATANA FOUNDATIONS has in relation to the Products; (g) if KATANA FOUNDATIONS perfects any PMSI and/or SI that KATANA FOUNDATIONS has in relation to the Products, the Customer must not do anything that results in KATANA FOUNDATIONS having less than the security or priority granted by the PPSA that KATANA FOUNDATIONS assumed at the time of perfection, subject only to the rights of a mortgagee pursuant to a registered mortgage; (h) the Customer irrevocably grants to KATANA FOUNDATIONS 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 KATANA FOUNDATIONS has cause to exercise any of KATANA FOUNDATIONS rights under Chapter 4 of the PPSA, and the Customer will indemnify KATANA FOUNDATIONS for any claims made by any third party as a result of such exercise; (i) the Customer acknowledges and agrees that:- (i) nothing in sections 125, 132(3)(d), 142 and 143 of the PPSA will apply to these Terms of Sale; and (ii) the Security Agreement created by these Terms of Sale may only be reinstated on the terms considered appropriate by KATANA FOUNDATIONS at its complete discretion. (j) the Customer acknowledges and agrees that to the full extent permitted by assenting law and mentioned below, the following provisions of the PPSA will not apply to the enforcement of any PMSI and SI created under these terms Terms of Sale, and the Customer grants a security interest (by virtue of the retention of title clause in these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after-acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to:waives it’s right to:- (i) sign not have goods damaged or be inconvenienced no more than necessarily incidental if KATANA FOUNDATIONS removes an accession under s.92 PPSA; (ii) to receive notice of any further documents and/or provide intention to remove an accession under s.95(1)(a); (iii) to apply to the Court for an order postponing the removal of the accession or to determine the amount payable to KATANA FOUNDATIONS for the retention of the accession under s.97 PPSA; (iv) to receive notice of a decision to enforce the security interest in personal property in the same way as an interest in land which secures the same obligation under s.118(1)(b)(i) PPSA; (v) to receive notice of the enforcement of liquid assets under s.121(4) PPSA; (vi) to receive notice of any further information proposal to dispose of collateral under s.130(1)(a) PPSA; (which information the Customer warrants vii) to be complete, accurate and up-to-date receive a statement of account if no disposal under s.132(4) PPSA; (viii) to receive notice of any proposal to retain collateral under s.135(1)(a) PPSA; and (ix) to receive notice of a verification statement in all respects) which the Vendor may reasonably require relation to enable any registration event (including registration of a financing statement or financing change statement on the Personal Property Securities Register ("PPSR"); (ii) not register a financing change statement as defined in section 135 of the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, the Customer waives its rights and, with the Vendor's agreement, contracts out PMSI and SI created under these Terms of its rights Sale under sections referred to in sections 107(2), 8(e) and (g) to (l) of the s.157 PPSA. (f) The Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Services. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999“Financing statement”, “financing change statement”, “security interest”, “purchase money security interest”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to them by the PPSA. (a) The Customer hereby acknowledges that these Terms constitute a security agreement which creates a security interest in favour In consideration of ALL METAL supplying the Vendor in all Goods and Services previously supplied by the Vendor Products to the Customer at the request of the Customer, the Customer: (if anyi) and grants to ALL METAL a “Purchase Money Security Interest” (“PMSI”) in all after acquired Goods and Services Products supplied by the Vendor ALL METAL to the Customer from time to time as security for payment of the purchase price of such Products; (or for ii) grants to ALL METAL a “Security Interest” (“SI”) in all Products supplied by ALL METAL to the Customer's account) to secure the payment Customer from time to time and at a time, including future advances. The in all of the Customer’s personal property as security for payment of any other amount owed by the Customer to ALL METAL and as security for the performance by the Customer of the obligations set out in these Terms of Sale; (iii) agrees to grant a "purchase money security interest" that any Products or proceeds of sale of the Products coming into existence after the date of these Terms of Sale will come into existence subject to the Vendor, as PMSI and SI granted herein and these Terms of Sale without the need for any further action or agreement by any party; (iv) acknowledges that term the Customer has received valuable consideration from ALL METAL and agrees that it is defined sufficient; (v) agrees that the PMSI and SI has attached to all Products supplied now or in the PPSAfuture by ALL METAL to the Customer and that the attachment of the PMSI has in no way been deferred or postponed. (b) ALL METAL reserves the right to register a financing statement in the Personal Properties Securities Register to perfect the PMSI and/or SI created under these Terms of Sale. (c) The costs of registering a financing statement or a financing change statement can be charged to the Customer by ALL METAL at ALL METAL’S complete discretion, and may, where applicable, be charged to the Customer’s credit account with ALL METAL. (d) The Customer must promptly, on request by ALL METAL, execute all documents and do anything else reasonably required by ALL METAL to ensure that the PMSI and SI created under these Terms of Sale constitutes a perfected security interest. (e) The Customer must not agree to allow any person to register a financing statement over any of the Products in which ALL METAL has any PMSI and/or SI without the prior written consent of ALL METAL and will immediately notify ALL METAL if the Customer becomes aware of any person or entity taking steps to register a financing statement in relation to any such Products. (f) The Customer must not allow the Products in which ALL METAL has any PMSI or SI to become accessions or commingled with other goods unless ALL METAL has first perfected any PMSI or SI that ALL METAL has in relation to the Products. (g) If ALL METAL perfects any PMSI and/or SI that ALL METAL has in relation to the Products, the Customer must not do anything that results in ALL METAL having less than the security or priority granted by the PPSA that ALL METAL assumed at the time of perfection, subject only to the rights of a mortgagee pursuant to a registered mortgage. (h) The Customer irrevocably grants to ALL METAL 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 ALL METAL has cause to exercise any of ALL METAL’s rights under Chapter 4 of the PPSA, and the Customer will indemnify ALL METAL for any claims made by any third party as a result of such exercise. (i) 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 these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all afterthat: -acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to: (i) sign nothing in sections 125, 132(3)(d), 142 and 143 of the PPSA will apply to these Terms of Sale; (ii) sections 92, 95(1)(a), 97, 118(1)(b)(i), 121(4), 130(1)(a), 132(4), and 135(1)(a) of the PPSA will not apply to the enforcement of any further documents and/or provide any further information (which information PMSI and SI created under these Terms of Sale and the Customer warrants waives any rights given to be completethe Customer by, accurate and up-to-date obligations imposed on ALL METAL in all respectsrelation to the Customer under, the said sections; (i) which the Vendor may reasonably require Customer waives it’s right to enable receive notice of a verification statement in relation to any registration event (including registration of a financing statement or financing change statement on the Personal Property Securities Register ("PPSR"); (ii) not register a financing change statement as defined in section 135 of the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor in registering and maintaining a financing statement (including registering a financing change statement) on relating to the PPSR and/or enforcing or attempting to enforce the security interest PMSI and SI created by under these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to of Sale under section 167 157 of the PPSA; and (viii) the Customer waives any rights it Security Agreement created by these Terms of Sale may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of be reinstated on the PPSA upon enforcementterms considered appropriate by ALL METAL at its complete discretion. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, the Customer waives its rights and, with the Vendor's agreement, contracts out of its rights under sections referred to in sections 107(2), 8(e) and (g) to (l) of the PPSA. (f) The Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Services. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges that these Terms constitute a “Financing statement”, “financing change statement”, “security agreement which creates a security interest in favour of the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired Goods and Services supplied by the Vendor to the Customer (or for the Customer's account) to secure the payment from time to time and at a timeinterest”, including future advances. The Customer agrees to grant a "“purchase money security interest" ”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to the Vendor, as that term is defined in them by the PPSA. (a) In consideration of XXXXXXXX supplying the Products to the Customer at the request of the Customer, the Customer by signing these Terms of Sale: (i) grants to XXXXXXXX a “Purchase Money Security Interest” (“PMSI”) in all Products supplied by XXXXXXXX to the Customer from time to time as security for payment of the purchase price of the Products; (ii) grants to XXXXXXXX a “Security Interest” (“SI”) in all Products supplied by XXXXXXXX to the Customer from time to time as security for payment of any other amount owed by the Customer to XXXXXXXX and as security for the performance by the Customer of the obligations set out in these Terms of Sale; (iii) agrees that any Products or proceeds of sale of the Products coming into existence after the date of these Terms of Sale will come into existence subject to the PMSI and SI granted herein and these Terms of Sale without the need for any further action or agreement by any party; (iv) acknowledges that the Customer has received valuable consideration from XXXXXXXX and agrees that it is sufficient; (v) agrees that the PMSI and SI has attached to all Products supplied now or in the future by XXXXXXXX to the Customer and that the attachment of the PMSI has in no way been deferred or postponed. (b) XXXXXXXX reserves the right to register a financing statement in the Personal Properties Securities Register to perfect the PMSI and/or SI created under these Terms of Sale. (c) The costs of registering a financing statement or a financing change statement can be charged to the Customer by XXXXXXXX at XXXXXXXX’X complete discretion, and may, where applicable, be charged to the customer’s credit account with XXXXXXXX. (d) The Customer must promptly, on request by XXXXXXXX, execute all documents and do anything else reasonably required by XXXXXXXX to ensure that the PMSI and SI created under these Terms of Sale constitutes a perfected security interest. (e) The Customer must not agree to allow any person to register a financing statement over any of the Products in which XXXXXXXX has any PMSI and/or SI without the prior written consent of XXXXXXXX and will immediately notify XXXXXXXX if the Customer becomes aware of any person or entity taking steps to register a financing statement in relation to any such Products. (f) The Customer must not allow the Products to become accessions or commingled with other goods unless XXXXXXXX has first perfected any PMSI or SI that XXXXXXXX has in relation to the Products. (g) If XXXXXXXX perfects any PMSI and/or SI that XXXXXXXX has in relation to the Products, the Customer must not do anything that results in XXXXXXXX having less than the security or priority granted by the PPSA that XXXXXXXX assumed at the time of perfection, subject only to the rights of a mortgagee pursuant to a registered mortgage. (h) The Customer irrevocably grants to XXXXXXXX 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 XXXXXXXX has cause to exercise any of XXXXXXXX’x rights under Chapter 4 of the PPSA, and the Customer will indemnify XXXXXXXX for any claims made by any third party as a result of such exercise. (i) The Customer acknowledges and agrees that: - (i) Nothing in sections 125, 132(3)(d), 142 and 143 of the PPSA will apply to these Terms of Sale; (ii) The Security Agreement created by these Terms of Sale may only be reinstated on the terms considered appropriate by XXXXXXXX at its complete discretion. (j) The Customer acknowledges and agrees that to the full extent permitted by assenting law and mentioned below, the following provisions of the PPSA will not apply to the enforcement of any PMSI and SI created under these terms Terms of Sale, and the Customer grants a security interest (by virtue of the retention of title clause in these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all afterwaives it’s right to: -acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to: (i) sign not have goods damaged or be inconvenienced no more than necessarily incidental if XXXXXXXX removes an accession under s.92 PPSA; (ii) to receive notice of any further documents and/or provide intention to remove an accession under s.95(1)(a); (iii) to apply to the Court for an order postponing the removal of the accession or to determine the amount payable to XXXXXXXX for the retention of the accession under s.97 PPSA (iv) to receive notice of a decision to enforce the security interest in personal property in the same way as an interest in land which secures the same obligation under s.118(1)(b)(i) PPSA; (v) to receive notice of the enforcement of liquid assets under s.121(4) PPSA (vi) to receive notice of any further information proposal to dispose of collateral under s.130(1)(a) PPSA; (which information the Customer warrants vii) to be complete, accurate and up-to-date receive a Statement of Account if no disposal under s.132(4) PPSA; and (viii) to receive notice of any proposal to retain collateral under s.135(1)(a) PPSA; (ix) to receive notice of a verification statement in all respects) which the Vendor may reasonably require relation to enable any registration event (including registration of a financing statement or financing change statement on the Personal Property Securities Register ("PPSR"); (ii) not register a financing change statement as defined in section 135 of the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, the Customer waives its rights and, with the Vendor's agreement, contracts out PMSI and SI created under these Terms of its rights Sale under sections referred to in sections 107(2), 8(e) and (g) to (l) of the s.157 PPSA. (f) The Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Services. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.;

Personal Property Securities Act. 19992009 (“PPSA”) (a1) This Agreement is a security agreement. (2) The interest of Miami Stainless in the Products and all proceeds from the sale of the Products by the Company to a third party is a security interest. (3) The Customer hereby acknowledges that these Terms constitute a security agreement which creates a consents to Miami Stainless registering its security interest in favour of the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired Goods and Services supplied by the Vendor 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 the Vendor, as that term is defined in the PPSA. (b) 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 these Terms) to the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after-acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to: (i) 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 the Vendor may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register and agrees to provide all assistance reasonably required by Miami Stainless to facilitate registration. ("PPSR")4) Until such time as title in the Products has passed to the Customer as contemplated by clause 7 above, the Customer agrees not to in any way assign, charge, lease or otherwise deal with the Products in such a manner as to create a security interest over the Products in favour of the Customer or any third party. The parties agree that this clause will not prohibit the Customer from selling the Products in the ordinary course of business. (5) The Customer waives its rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded. (6) Miami Stainless and the Customer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of Miami Stainless’s security interest in the Products or of this Agreement: (a) any requirement for Miami Stainless to give the Customer a notice of removal or accession; (iib) not register any requirement for Miami Stainless to give the Customer a financing change statement as defined in section 135 notice of Miami Stainless’ proposed disposal of the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the VendorProducts; (iiic) give any requirement for Miami Stainless to include in a statement of account, after disposal of the Vendor not less than 14 days' prior written notice Products, the details of any proposed change in the Customer's name and/or any amounts paid to other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice)secured parties; (iv) pay all costs incurred by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant any requirement for Miami Stainless to section 148 give the Customer a statement of account if Miami Stainless does not dispose of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest.Products; (e) To the maximum extent permitted by law, any right the Customer waives its rights and, with has to redeem the Vendor's agreement, contracts out Products before Miami Stainless exercises a right of its rights under sections referred to in sections 107(2), 8(e) and (g) to (l) of the PPSA.disposal; (f) The any right the Customer agrees that nothing in section 113, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 has to 134 (inclusive) and 148 reinstate this Agreement before Miami Stainless exercise a right of disposal of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sectionsProducts. (g7) The Customer and the Vendor agree that section 109(1) of Expressions defined in the PPSA is contracted out of have the same meaning when used in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and Servicesthis Agreement. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges that these Terms constitute a security agreement which creates a security interest in favour of Where ARCO has supplied the Vendor in all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after acquired but title in the Goods and Services supplied by the Vendor has not yet passed to the Customer (or for Customer, 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 the Vendor, as that term is defined in the PPSA. (b) The Customer acknowledges and agrees that by assenting to these terms that: this Agreement constitutes a security agreement for purposes of the Customer grants PPSA; the Goods constitute personal property for the purposes of PPSA; ARCO is granted a purchase money security interest (by virtue “PMSI”) under PPSA in the Goods and sale proceeds of the retention of title clause in these Terms) Goods to secure all amounts owed to ARCO; ARCO may register the Vendor and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after-acquired Goods and Services supplied by the Vendor 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. (c) The Customer undertakes to: (i) 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 the Vendor may reasonably require to enable registration of a financing statement or financing change statement PMSI on the Personal Property Securities Register ("“PPSR"”); (ii) not ; it will undertake to do all things necessary and provide ARCO on request all information ARCO requires to register a financing statement or financing change statement as defined on the PPSR; it undertakes not to change its name in section 135 of any form or other details on the PPSA or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods PPSR without the prior first notifying and requesting written consent from ARCO; it will, if requested by ARCO, pay to ARCO the costs of the Vendor; (iii) give the Vendor not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred by the Vendor in registering and maintaining a financing statement registration of ARCO’s PMSI on the PPSR, within fourteen (14) days of the request; ARCO need not give any notice under the PPSA (including registering a verification statement or a financing change statement) on unless the PPSR and/or enforcing or attempting to enforce the security interest created by these Terms including executing subordination agreements; (v) be responsible for the full costs incurred notice is required by the Vendor PPSA and cannot be excluded; no party may disclose information of the kind referred to in section 275(1) of the PPSA (including actual legal fees except where the parties may do so and disbursements on a solicitor/client basiswhere required due to the operation of section 275(1) in obtaining an order pursuant of the PPSA (except where the parties may do so and where required due to the operation of section 167 275(7) of the PPSA; and (vi) and the Customer waives any must not authorise the disclosure of such information; it appoints ARCO as its attorney to sign in the Customer’s name all documents which ARCO considers necessary to enforce and to protect its rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant Agreement; to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, it waives any rights it may have pursuant to, and the Customer waives its rights andparties contract out of, with the Vendor's agreementsections 95, contracts out of its rights under sections referred to in sections 107(2118, 123, 125, 128, 129, 130, 132(1), 8(e) 132(4), 135, 137, 142 and (g) to (l) 143 of the PPSA. (f) The Customer agrees that nothing ; it will not create any security interest in section 113connection with the Goods or allow such a security to arise without prior consent of ARCO; it will not sell, 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 assign or otherwise dispose of the PPSA shall apply Goods without the consent of ARCO; it will not allow any personal property to these Termsbecome accession to, andor commingled with, with the Vendor's agreement, contracts out of such sections. (g) The Customer and the Vendor agree any property that section 109(1) of the PPSA is contracted out of in respect of particular Goods and Services if and only for as long as the Vendor is not the secured party with priority over all other secured parties Goods as defined in respect of those Goods the Agreement; and Servicesunless otherwise defined in the Agreement, the terms and expressions used in clause 11 have the meanings given to them, or by virtue of, the PPSA. (h) The Customer agrees that immediately on request by the Vendor the Customer will procure from any persons considered by the Vendor to be relevant to its security position such agreement and waivers as the Vendor may at any time require.

Personal Property Securities Act. 1999 (a) The Customer hereby acknowledges Capitalised terms in this clause 21, that these Terms constitute are not otherwise defined elsewhere in the Contract, have the same meaning as set out in the PPSA unless the context otherwise requires. Ascention Assets Pty Ltd 00 Xxxxxxx Xxxx Xxxxxxx, Xxxxxxx Xxxxxxxxx 0000 XX Xxx 000 Xxxxxxxxxx, XX 0000 P: 08 9267 2343 (b) This agreement constitutes a security agreement which creates a security interest pursuant to the PPSA in favour of relation to the Vendor in all Goods and Services previously Product supplied by the Vendor Ascention Assets to the Customer (if any) and all after acquired Goods and Services any Product that will be supplied in the future by the Vendor Ascention Assets 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 the Vendor, as that term is defined in the PPSA. (bc) The Customer acknowledges and agrees that a Security Interest may be registered by assenting to these terms the Customer grants a security interest (by virtue of the retention of title clause Ascention Assets in these Terms) relation to the Vendor Product and all Goods and Services previously supplied by the Vendor to the Customer (if any) and all after-acquired Goods and Services supplied by the Vendor to the Customer (or for the Customer's account) and these terms shall apply notwithstanding anything express or implied to the contrary contained Proceeds arising in respect of any dealing in the Customer's purchase orderProduct in accordance with the PPSA (and in any other manner Ascention Assets considers appropriate). (cd) The Customer undertakes to: (i) agrees to do all such things and sign any further documents all such documentation and/or provide any further information (which such information the Customer warrants to be complete, complete accurate and up-up- to-date in all respects) which the Vendor may as are necessary and reasonably require required to enable registration of the Ascention Assets to: (i) acquire a financing statement or financing change statement on perfected Security Interest in the Personal Property Securities Register ("PPSR")Product and its Proceeds; (ii) not register a financing change statement as defined in section 135 of the PPSA Financing Statement or make a demand to alter the financing statement pursuant to section 162 of the PPSA in respect of the Goods without the prior written consent of the VendorFinancing Change Statement; (iii) give the Vendor ensure that Ascention Assets’ security position, and rights and obligations are not less than 14 days' prior written notice of any proposed change in the Customer's name and/or any other changes in the Customer's details (including but not limited to changes in the Customer's address, facsimile number, email address; trading name or business practice); (iv) pay all costs incurred adversely affected by the Vendor 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 these Terms including executing subordination agreements; (v) be responsible for the full costs incurred by the Vendor (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA; and (vi) the Customer waives any rights it may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA upon enforcement. (d) Pursuant to section 148 of the PPSA, unless otherwise agreed to in writing by the Vendor, the Customer waives the right to receive the verification statement in respect of any financing statement or financing change statement relating to the security interest. (e) To the maximum extent permitted by law, the The Customer waives its rights and, with to receive a copy of any Verification Statement after the Vendor's agreement, contracts out registration of its rights under sections referred to a Financing Statement or Financing Change Statement in sections 107(2), 8(e) and (g) to (l) respect of the PPSASecurity Interest created by the Contract. (f) The Customer agrees that nothing to not: (i) register a Financing Change Statement in section 113respect of a Security Interest contemplated or constituted by the Contract; or (ii) register, 114(1)(a)or permit to be registered, 116a Financing Statement or a Financing Change Statement in relation to the Product in favour of a third party, 117, 119, 120(2), 121, 125, 126, 127, 129, 131 to 134 (inclusive) and 148 of the PPSA shall apply to these Terms, and, with the Vendor's agreement, contracts out of such sectionswithout Ascention Assets’ prior written consent. (g) The Customer and For the Vendor agree that purposes of section 109(120(2) of the PPSA PPSA, the collateral is contracted out of the Product including any product which is described in respect of particular Goods and Services if and only for as long as any Purchase Order provided by Ascention Assets to the Vendor is not the secured party with priority over all other secured parties in respect of those Goods and ServicesCustomer from time to time. (h) If Chapter 4 of the PPSA would otherwise apply to the enforcement of the Security Interest(s) created under the Contract, the parties agree that the following provisions of the PPSA will not apply or are waived, as the context requires: (i) section 95 (notice of removal of accession to the extent that it requires Ascention Assets to give a notice to the Customer); (ii) section 96 (retention of accession); (iii) section 121(4) (notice to grantor); (iv) section 125 (obligations to dispose of or retain collateral); (v) sections 129(2), 129(3) and 130 (notice of disposal to the extent it requires Ascention Assets to give a notice to the Customer); (vi) section 132(3)(d) (contents of statement of account after disposal); (vii) section 132(4) (statement of account if no disposal); (viii) section 135 (notice of retention); (ix) section 142 (redemption of collateral); and (x) section 143 (re-instatement of security agreement). (i) The Customer will not, without the prior written consent of Ascention Assets change its name, its details or initiate any change to any documentation registered under the PPSA pursuant to the Contract. (j) The Customer agrees that immediately on request that, until all monies owing to Ascention Assets are paid in full, it shall not sell or grant any other Security Interest in the Product or its Proceeds, without the prior written consent of Ascention Assets. (k) Unless otherwise agreed and to the extent permitted by the Vendor PPSA, the parties agree not to disclose information of the kind referred to in section 275(1) of the PPSA to an Interested Person, or any other person requested by an Interested Person. The Customer will procure from waives any persons considered by right it may have, or but for this clause may have had, under section 275(7)(c) of the Vendor PPSA to be relevant authorise the disclosure of the above information. (l) If any provisions of the Contract are inconsistent with the PPSA, the PPSA shall prevail to its security position such agreement and waivers as the Vendor may at any time requireextent of that inconsistency.