Personal Property Securities Register. In order to protect Our Customer Premises Equipment, if We consider a security interest may arise, We may register Our ownership interest in the Customer Premises Equipment with the Personal Property Securities Register. We may require information from You in order to perfect the registration. If We register Our interest with the Personal Property Securities Register, We will not pass any charges and fees associated with the registration on to You.
Personal Property Securities Register. 13.1 This clause applies to the extent that this Agreement provides for or contains a ‘security interest’ for the purposes of PPS Law (or part of it).
13.2 The security interest arising under any retention of title is a PMSI to the extent that it can be under section 14 of the PPS Law. The Buyer agrees that all collateral which is at any time subject to the Company’s security interest secures its own purchase price. The Buyer agrees, in addition, to the extent possible under PPS Law, that all collateral which is at any time subject to the Company’s security interest secures as a PMSI the purchase price of all collateral supplied to the Buyer. This clause does not limit what other amounts are secured under this Agreement.
13.3 The parties agree that payments to the Company from the Buyer will be applied in the following order:
(a) to obligations that are not secured, in the order in which those obligations were incurred;
(b) to obligations that are secured, but not by PMSIs, in the order in which those obligations were incurred;
(c) to obligations that are secured by PMSIs, in the order in which those obligations were incurred.
13.4 The Company may register its security interest and may recover from the Buyer its costs (including external service provider’s costs and registration fees) reasonably incurred in so doing. The Buyer must do anything (such as obtaining consents, providing information, authorities and documents, and signing documents) which the Company requires for the purposes of:
(a) ensuring that the Company’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Company to gain first priority (or any other priority agreed to by the Company in writing) for its security interest; and
(c) enabling the Company to exercise rights in connection with the security interest.
13.5 The Buyer agrees that it will not allow anything to be done or act in a way that might adversely affect the security interest in the Products that is granted to the Company by virtue of this clause 13.
13.6 The rights of the Company under this Agreement are in addition to and not in substitution for the Company’s rights under other law (including the PPS Law) and the Company may choose whether to exercise rights under this Agreement, or under such other law as it sees fit.
13.7 The following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement to the e...
Personal Property Securities Register. 15.1. The Supplier and the Customer agree that the supply of Goods and/or Services by the Supplier to the Customer under these Terms and Conditions constitutes a “Security Interest/s” in relation to the personal property of the Supplier for the purposes of the PPS Act.
15.2. The Supplier’s security interest attaches to the Goods and/or Services when the Customer attains possession of the Goods and/or Services and to the proceeds of sale of the Goods and/or Services.
15.3. The Customer agrees that by signing these Terms and Conditions and/or the Application for Credit Account, that the Supplier may, in its absolute discretion, register a financing statement as a secured party on the Personal Property Securities Register in respect of the Security Interest created under these Terms and Conditions and/or the Application for Credit Account.
15.4. The Customer agrees that the supply of particular Goods and/or Services by the Supplier under these Terms and Conditions constitutes a Purchase Monies Security Interest (“PMSI”) for the purposes of the PPS Act and in accordance with Section 62(2) of the PPS Act, the PMSI provided for hereunder is:
15.4.1. In inventory or its proceeds;
15.4.2. Will be perfected by registration at the time Customer takes possession of the Goods and/or Services, or thereafter at the discretion of the Supplier; and
15.4.3. The registration that perfects the PMSI will state, in accordance with Item 7 of the table in Section 153 of the PPS Act, that the interest is a PMSI.
15.5. The Customer in order to secure payment of all monies for which is it liable to the Supplier under these Terms and Conditions, or under any other arrangement, hereby charges as beneficial owner all of the Customer’s interests in the Customer’s personal property both in which the Customer is now possessed and in which the Customer may hereafter acquire.
15.6. The Customer agrees that the Supplier may elect to register one or more financing statements on the Personal Property Securities Register in respect of multiple transactions, including subsequent transactions, in relation to Goods and/or Services supplied to the Customer by the Supplier over a period of time and/or on a number of occasions. The Customer agrees that the registration by the Supplier of a singular financing statement in accordance with this Clause shall constitute an effective PMSI security over any Goods and/or Services supplied to Customer from time to time which have not been fully paid for by t...
Personal Property Securities Register. 7.1 Even though the Equipment is in the possession of the Hire Agent during the Term of the Agreement the ownership of the Equipment remains with the Owner. However, if the Hire Agent becomes insolvent the Equipment is at risk.
7.2 The Company strongly recommends that the Owner register its interest in the Equipment on the Personal Property Security Register (“PPSR”) in order to reduce such risk. the Company will, on request from the Owner, facilitate the registration of a financing statement in the Owners favour in respect of the Equipment.
7.3 The Company has, within the agency agreement entered into with each Hire Agent, incorporated terms that creates a security interest (as that term is defined in the Personal Property Securities Xxx 0000, over the Equipment in favour of the Owner. The registration of a financing statement on the PPSR supports this security interest.
7.4 The Company can attend to the registration of a financing statement on the PPSR however this will be an additional charge to the Owner. The cost of PPSR registration is specified in Schedule 1 and subject to change by the Company from time to time.
Personal Property Securities Register. We have a security interest in the Facility Equipment which is capable of perfection by registration under the Personal Property and Securities Act 2009 (Cth) (PPSA) (the Pago Security Interest) and we may register the Pago Security Interest against you under the PPSA. The Pago Security Interest is a purchase money security interest to the full extent that it can be under the PPSA. You waive to the greatest extent possible your rights to be given verification statements and any other notice or document which we would, but for this clause, be required to give or issue to you under the PPSA. You must do anything that we reasonably require to ensure that the Pago Security Interest is a perfected first-priority security interest in the Facility Equipment. Except as other expressly authorised by us in writing, you must not in any way grant or permit the grant of existence of any other security interest in respect of the Facility Equipment or part with possession of the Facility Equipment.
Personal Property Securities Register. You acknowledge that Zoomo may have, now or in the future, a Security Interest in the vehicle. Zoomo reserves the right to perfect its interest, including by registering its interest in the vehicle on the PPSR, if Zoomo forms the opinion that it is necessary to do so to protect its reasonable commercial interests. In that event, Zoomo may require you to reimburse them the costs of perfection on written notice.
Personal Property Securities Register. 12.1 The Client acknowledges and agrees that:
(a) the Supplier may register its security interest in the Software on the Personal Property Securities Register;
(b) the Client will be named as the Grantor of that security interest; and
(c) the Client has waived its right under s157 (Verification Statements - Secured Parties to Give Notice to Grantors) of the Personal Property Securities Act 2009 (Cth) to receive a notice of any verification statement from the Supplier.
12.2 The parties agree that the following sections of the Personal Property Securities Act 2009 (Cth) are excluded:
(a) s95 (Secured Party must give Notice of Removal of Accession);
(b) s130 (Notice of Disposal of Collateral);
(c) s132(4) (Secured Party to give Statement of Account);
(d) s135 (Notice of Retention of Collateral); and
(e) s143 (Entitled Persons may Reinstate Security Agreement).
Personal Property Securities Register. (a) The Customer acknowledges and agrees that the Company may apply to register a Security interest in the Goods supplied at any time before or after delivery of the Goods. The Customer waives its right under s. 157 PPSA to receive notice of any verification of registration.
(b) If the Customer defaults in the performance of any obligation owed to the Company under these Terms, the Company may enforce its security interest in any Goods by exercising all or any of its rights under these Terms or the PPSA. To the maximum extent permitted by law, the Company and the Customer agree that the following provisions do not apply to the enforcement by the Company of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 135, 142 and 143.
(c) The Customer and the Guarantor will do all such things necessary to perfect the security interests granted under these Terms.
(d) The Company may register its security interests under these Terms in the Personal Property Security Registry (PPSR).
(e) The security interests of the Company hereunder have priority over all other creditors of the Customer and the Guarantor in relation to the Goods and Services and.
(f) The Customer and the Guarantor authorise under section 275(7)(c) of the PPSA, the disclosure of information by a secured party under section 275(4) of the PPSA in response to any request for information from an interested person pursuant to sections 275(1) to (3) of the PPSA.
(g) The Customer and the Guarantor will not without written notice to the Company, change their name or initiate any change to any documentation registered under the PPSA in relation to these Terms.
(h) The Company undertakes to maintain the accuracy of the registered security interest and may remove the registration when the Customer and Guarantor have paid all amounts owed to the Company in relation to the Goods and Services.
Personal Property Securities Register. 5.1 Notwithstanding clause 4, the Purchaser acknowledges that:
(a) These terms and conditions create a security interest (as defined under the PPSA) in favour of the Seller in t h e Xxxxx and that the Goods purchased from the Seller remain the property of the Seller until paid for in full;
(b) The P u r c h a s e r shall act immediately when requested by the Seller to do such acts and provide such information as in the Seller’s opinion may be necessary or desirable to enable the Seller to perfect any security interest created or provided for by these terms in the Goods or their proceeds with first priority; and
(c) To the fullest extent permitted by law, the Purchaser waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to any security interest created or provided for by, or perfected in the manner contemplated by these terms.
5.2 In addition to the security interest referred to in clause 5.1, the Purchaser also grants a security interest in all present and after acquired goods as security for all moneys now and in the future owing to the Seller by the Purchaser.
5.3 The Purchaser agrees (to the extent permitted under the PPSA) that the Purchaser shall have no rights under Part 9 ( Enforcement) of the PPSA.
Personal Property Securities Register. 12.1 This Agreement creates a security interest in our favour over the Subscription vehicle. You agree to sign any documents, provide all necessary information and do anything else required by us to enable the registration of a financing statement or financing change statement on the Personal Property Securities Register (PPSR).
12.2 You will not enter into any security agreement that permits any other person to register any security interest under the Personal Property Securities Xxx 0000 (PPSA) in respect of the Subscription vehicle.
12.3 You agree that to the extent permitted by the PPSA, the provisions of Part 9 of the PPSA that place obligations on us shall not apply, and where we have rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.
12.4 You also waive your rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by us.
