Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. 2009 (“PPSA”) 22.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 22.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Client in favour of LEAP and this security interest is given in all Equipment (including any goods and/or Services) and/or collateral (account) – being a monetary obligation of the Client to LEAP – that has previously been supplied and that will be supplied in the future by LEAP to the Client. 22.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which LEAP may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 22.2(a)(i) or 22.2(a)(ii); (b) indemnify, and upon demand reimburse, LEAP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of LEAP; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of LEAP. 22.4 LEAP and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 22.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 22.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 22.7 Unless otherwise agreed to in writing by LEAP, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA. 22.8 The Client must unconditionally ratify any actions taken by LEAP under clauses 22.2 to 22.5. 22.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 22.1 18.1 In this clause financing statement, financing change statement, security agreement, and security interest has all terms have the meaning given to it them in the Personal Properties Security Xxx 0000. 18.2 In this clause Property includes all Goods supplied by the PPSAContractor to the Client, including but not limited Goods as described on the; Tax Invoice; quotation; work authorisation; Application Form; Job Order Form; or other form as approved by the Contractor and includes Services relating thereto. 22.2 Upon assenting 18.3 This clause considers Property to these terms and conditions be Personal Properties Security Xxx 0000 Retention of Title Property in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes accordance with s51F of the PPSA and a Purchase Money Security Interest Corporations Xxx 0000 (“PMSI”) is granted in priority Cth); 18.4 If the Contractor grants credit terms to the Client, then to secure the punctual payment of all other creditors amounts owed by the Client to the Contractor, the Client grants to the Contractor a security interests over all: (a) present and after-acquired property of the Client in favour relation to which the Client can be grantor of LEAP and this a security interest is given in all Equipment under the Personal Properties Security Xxx 0000; and (b) Property (including any goods and/or Servicesproceeds of that Property) and/or collateral (account) – being a monetary obligation supplied on retention of title terms to the Client by the Contractor pursuant to LEAP – the terms of this Agreement. 18.5 The Client acknowledges that has this Agreement: (a) constitutes a security agreement; (b) creates a security interest in all Goods previously been supplied and by the Contractor to the Client; and (c) creates a security interest in all Goods that will be supplied in the future by LEAP the Contractor to the Client. 22.3 18.6 The Client undertakes agrees to promptly sign any further documents and/ or provide any further information which the Contractor may reasonable require to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which LEAP may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Properties Security Register; (iib) register any other document required to be registered by the PPSAPersonal Properties Security Xxx 0000; or (iiic) correct a defect in a statement referred to in clause 22.2(a)(i) or 22.2(a)(ii);this clause. (b) 18.7 The Client agrees to indemnify, and upon demand reimburse, LEAP reimburse the Contractor for all expenses incurred in registering a financing statement or financing change statement referred to in clause 22.6 of this Agreement on the Personal Property Securities Properties Security Register established by the PPSA or releasing any registration made Goods charged thereby; (c) 18.8 The Client agrees not to register a financing change statement in respect of a security interest without the prior written consent of LEAP;the Contractor. (d) 18.9 The Client agrees not to register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of LEAPthe Contractor. 22.4 LEAP 18.10 The Client agrees to immediately advise the Contractor of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales. 18.11 The Contractor and the Client agree that sections to expressly exclude the operation of the following provisions of the Personal Properties Security Xxx 0000 from this Agreement: (a) Section 96, 115 and ; (b) Section 115; and (c) Section 125 of the PPSA do not apply to the security agreement created by these terms and conditionsPersonal Properties Security Xxx 0000. 22.5 18.12 The Client waives their its rights to receive notices under sections under: (a) Section 95, ; (b) Section 118, : (c) Section 121(4), ; (d) Section 130, ; (e) Section 132(3)(d); and (f) and Section 132(4) of the PPSAPersonal Properties Security Xxx 0000. 22.6 18.13 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 22.7 Unless otherwise agreed to in writing by LEAP, the Client waives their its right to receive a verification statement in accordance with under section 157 of the PPSAPersonal Properties Security Xxx 0000. 22.8 18.14 The Client must waives its rights as a grantor/ debtor under: (a) Section 142; and (b) Section 143 of the Personal Properties Security Xxx 0000 18.15 The Client agrees to unconditionally ratify any actions an action taken by LEAP the Contractor under clauses 22.2 to 22.5this section. 22.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 22.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 22.2 Upon assenting to these terms and conditions in writing the Client 11.1. The Customer acknowledges and agrees that these terms Terms are an accepted and conditions constitute a security agreement adopted Security Agreement between Urban Republic and the Customer for the purposes of the PPSA and that a Purchase Money Security Interest exists in all Goods supplied to the Customer (“PMSI”and their proceeds). 11.2. To secure payment of the secured money and performance of the Customer's obligations to Urban Republic, the Customer charges all of its legal and equitable interest (including as beneficial owner, both present and future) is granted of whatsoever nature held in priority to any and all other creditors by the Client real property in favour of LEAP Urban Republic. 11.3. The Customer acknowledges, agrees and this security interest is given in grants to Urban Republic, a Security Interest in: (a) all Equipment Goods and any proceeds previously supplied by Urban Republic to the Customer; (including b) all Goods and any goods and/or Services) and/or collateral (account) – being a monetary obligation of the Client to LEAP – that has previously been supplied and proceeds that will be supplied in the future by LEAP Urban Republic to the ClientCustomer; and (c) all present and after acquired property (AllPAAP) of the Customer. 22.3 11.4. The Client undertakes toabove Security Interest secures all moneys owing by the Customer to Urban Republic under these Terms or otherwise. 11.5. The Customer acknowledges and agrees the Security Interest is a continuing and subsisting interest in the Goods with priority over any registered or unregistered general (or other) Security Interest and any unsecured creditor. 11.6. The Customer acknowledges that the Security Interest over Goods or their proceeds arising under these Terms as and where applicable will be a purchase money Security Interest (PMSI) and deemed to be inventory to the extent that it secures payment of amounts owing in relation to the Goods. 11.7. The Customer will do everything reasonably required of it by Urban Republic to enable Urban Republic to register its Security Interests with the priority Urban Republic requires and to maintain those registrations, including to correct a defect in a financing statement. 11.8. The Security Interests arising under this clause 11 will be perfected by Urban Republic prior to the Customer obtaining possession on delivery of the Goods and the parties confirm they have not agreed that any Security Interest arising under this clause 11 attaches at any later time. 11.9. Urban Republic does not need to give the Customer any notice under the PPSA (including notice of the financing statement or verification statement) unless required by the PPSA. 11.10. Any time the Customer makes a payment to Urban Republic, irrespective of whether the payment is made under or in connection with this Agreement, Urban Republic may apply that payment: (a) promptly sign any further documents and/or provide any further information (such information first to be complete, accurate and up-to-date in all respects) which LEAP may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 22.2(a)(i) or 22.2(a)(ii)satisfy an obligation that is not secured; (b) indemnifysecond, and upon demand reimburseto satisfy an obligation that is secured, LEAP for all expenses incurred in registering but not by a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made therebyPMSI; (c) not register third, to satisfy an obligation that is secured by a financing change statement in respect PMSI for that obligation and using proceeds from the sale of a security interest without the prior written consent of LEAP;collateral subject to that PMSI; and (d) not registerfourth, to satisfy an obligation that is secured by a PMSI using funds or permit proceeds from any source. 11.11. For the avoidance of doubt and without prejudice to be registeredUrban Republic’s rights under the PPSA, a financing statement or a financing change statement in relation the Customer: (a) may process the Goods supplied by Urban Republic to the Customer and accession or commingle them with other property in which case Urban Republic will have a Security Interest in any processed, accession and commingled Goods; (b) may sell the Goods and/or collateral to its customers, provided that any customer or third- party purchase is given notice of Urban Republic’s security interest in the Goods, and if it does so, then Urban Republic will have a Security Interest in the proceeds of sale; and (accountc) will, where and when applicable and instructed by Urban Republic, implement, maintain and comply in favour all material respects with, procedures for the perfection of a third party without Security Interests, including taking all steps under the prior written consent of LEAPPPSA to perfect continuously any such Security Interest. 22.4 LEAP and the Client agree 11.12. The Customer agrees that sections 9695, 115 120, 121(4), 125, 128, 129, 130, 132, 134, 135, 142, 143 and 125 157 of the PPSA do will not apply to the security agreement created by these terms and conditionsenforcement of those Security Interests. 22.5 11.13. The Client waives their rights Customer agrees not to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4disclose to an 'Interested person' (as defined in section 275(9) of the PPSA. 22.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 ) or any other person, any Information of the PPSA. 22.7 Unless otherwise agreed to kind described in section 275(1) of the PPSA including these Terms as the security agreement between the Customer and Urban Republic. 11.14. The Customer will notify Urban Republic immediately in writing by LEAPif the Customer changes its name or address for service, contact details or if there are any changes required under the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA. 22.8 The Client must unconditionally ratify any actions taken by LEAP under clauses 22.2 to 22.5. 22.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease PPSA in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSAthese Terms.

Personal Property Securities Act. 2009 (“PPSA”) 22.1 18.1 In this clause financing statement, financing change statement, security agreement, and security interest has all terms have the meaning given to it them in the Personal Properties Security Xxx 0000. 18.2 In this clause Property includes all Goods supply by the PPSASupplier to the Customer, including but not limited Goods as described on the; Tax Invoice; quotation; work authorisation; Application Form; Job Order Form; or other form as approved by the Supplier and includes Services relating thereto. 22.2 Upon assenting 18.3 This clause considers Property to these be Personal Properties Security Xxx 0000 Retention of Title Property in accordance with s51F of the Corporations Xxx 0000 (Cth); 18.4 If the Supplier grants credit terms and conditions in writing to the Client acknowledges and agrees that these terms and conditions constitute Customer, then to secure the punctual payment of all amounts owed by the Customer to the Supplier, the Customer grants to the Supplier a security agreement for the purposes interests over all: (a) present and after-acquired property of the PPSA and Customer in relation to which the Customer can be grantor of a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Client in favour of LEAP and this security interest is given in all Equipment under the Personal Properties Security Xxx 0000; and (b) Property (including any goods and/or Servicesproceeds of that Property) and/or collateral supplied on retention of title terms to the Customer by the Supplier pursuant to the terms of this Agreement. 18.5 The Customer acknowledges that this Agreement: (accounta) – being constitutes a monetary obligation of security agreement; (b) creates a security interest in all Goods previously supplied by the Client Supplier to LEAP – that has previously been supplied and the Customer; and (c) creates a security interest in all Goods that will be supplied in the future by LEAP the Supplier to the ClientCustomer. 22.3 18.6 The Client undertakes Customer agrees to promptly sign any further documents and/ or provide any further information which the Supplier may reasonable require to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which LEAP may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Properties Security Register; (iib) register any other document required to be registered by the PPSAPersonal Properties Security Xxx 0000; or (iiic) correct a defect in a statement referred to in clause 22.2(a)(i) or 22.2(a)(ii);this clause. (b) 18.7 The Customer agrees to indemnify, and upon demand reimburse, LEAP reimburse the Supplier for all expenses incurred in registering a financing statement or financing change statement referred to in clause 19.6 of this Agreement on the Personal Property Securities Properties Security Register established by the PPSA or releasing any registration made Goods charged thereby; (c) 18.8 The Customer agrees not to register a financing change statement in respect of a security interest without the prior written consent of LEAP;the Supplier. (d) 18.9 The Customer agrees not to register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of LEAPthe Supplier. 22.4 LEAP 18.10 The Customer agrees to immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales. 18.11 The Supplier and the Client Customer agree that sections to expressly exclude the operation of the following provisions of the Personal Properties Security Xxx 0000 from this Agreement: (a) Section 96, 115 and ; (b) Section 115; and (c) Section 125 of the PPSA do not apply to the security agreement created by these terms and conditionsPersonal Properties Security Xxx 0000. 22.5 18.12 The Client Customer waives their its rights to receive notices under sections under: (a) Section 95, ; (b) Section 118, : (c) Section 121(4), ; (d) Section 130, ; (e) Section 132(3)(d); and (f) and Section 132(4) of the PPSAPersonal Properties Security Xxx 0000. 22.6 18.13 The Client Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 22.7 Unless otherwise agreed to in writing by LEAP, the Client waives their its right to receive a verification statement in accordance with under section 157 of the PPSAPersonal Properties Security Xxx 0000. 22.8 18.14 The Client must Customer waives its rights as a grantor/ debtor under: (a) Section 142; and (b) Section 143 of the Personal Properties Security Xxx 0000. 18.15 The Customer agrees to unconditionally ratify any actions an action taken by LEAP the Supplier under clauses 22.2 to 22.5this section. 22.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 22.1 14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 22.2 14.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Client in favour of LEAP and this security interest is given in in: (a) all Equipment Documentation previously supplied by AESG to the Client; (including any goods and/or Servicesb) and/or collateral (account) – being a monetary obligation of the Client to LEAP – that has previously been supplied and that all Documentation will be supplied in the future by LEAP AESG to the Client; and (c) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to AESG for Services – that have previously been provided and that will be provided in the future by AESG to the Client. 22.3 14.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which LEAP AESG may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 22.2(a)(i14.3(a)(i) or 22.2(a)(ii14.3(a)(ii); (b) indemnify, and upon demand reimburse, LEAP AESG for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made Documentation charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of LEAPAESG; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) Documentation in favour of a third party without the prior written consent of LEAPAESG. 22.4 LEAP 14.4 AESG and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 22.5 14.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 22.6 14.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 22.7 14.7 Unless otherwise agreed to in writing by LEAPXXXX, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA. 22.8 14.8 The Client must unconditionally ratify any actions taken by LEAP AESG under clauses 22.2 14.3 to 22.514.5. 22.9 14.9 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 provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 22.1 14.1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 22.2 14.2. Upon assenting to these terms and conditions Terms in writing the Client Customer or Distributor acknowledges and agrees that these terms and conditions Terms: a) constitute a security agreement for the purposes of the PPSA and PPSA; and b) create a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Client in favour of LEAP and this security interest is given in in: 1) all Equipment (including any goods and/or Services) and/or Products and /or collateral (account) – being a monetary obligation of the Client Customer or Distributor to LEAP the Supplier previously supplied (sold or otherwise) by the Supplier to the Customer or Distributor (if any); and 2) all Products and /or collateral (account) – that has previously been supplied and being a monetary obligation of the Customer or Distributor to the Supplier that will be supplied (sold or otherwise) in the future by LEAP the Supplier to the ClientCustomer. 22.3 14.3. Upon assenting to Terms in writing the Customer or Distributor acknowledges and agrees that these Terms: 14.4. The Client Customer or Distributor undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which LEAP the Supplier may reasonably require to;: (i1) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii2) register any other document required to be registered by the PPSA; or; (iii3) correct a defect in a statement referred to in clause 22.2(a)(i14.1; and/or 4) or 22.2(a)(ii);comply with section 275 of the PPSA. (b) indemnify, and upon demand reimburse, LEAP the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made Products charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of LEAPthe Supplier; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) Products in favour of a third party without the prior written consent of LEAPthe Supplier; and e) immediately advise the Supplier of any material change in its business practices of selling the Products which would result in a change in the nature of proceeds derived from such sales. 22.4 LEAP 14.5. The Supplier and the Client Customer or Distributor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditionsTerms. 22.5 14.6. The Client Customer or Distributor hereby waives their its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 22.6 14.7. The Client Customer or Distributor waives their its rights as a grantor and/or a debtor an Amount Owing or under sections 142 and 143 of the PPSA. 22.7 14.8. Unless otherwise agreed to in writing by LEAPthe Supplier, the Client Customer or Distributor waives their its right to receive a verification statement in accordance with section 157 of the PPSA. 22.8 14.9. The Client must Customer or Distributor shall unconditionally ratify any actions taken by LEAP the Supplier under clauses 22.2 14.3 to 22.514.7. 22.9 Subject 14.10. The Customer or Distributor must not dispose or purport to dispose of, or create or purport to create or permit to create any security interest in the Products other than with the express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any written consent of the provisions of the PPSASupplier. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.