Personal Property Securities Xxx 0000. (“PPSA”)
20.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
20.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA, and creates a security interest in:
(a) all Goods being transported, carried or handled by CNC, over which CNC invokes a lien; and
(b) all Carriage that will be supplied in the future by CNC to the Client; and
(c) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to CNC for Carriage – that have previously been provided and that will be provided in the future by CNC to the Client.
20.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CNC may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 20.3(a)(i) or 20.3(a)(ii);
(b) indemnify, and upon demand reimburse, CNC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of CNC;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of CNC.
20.4 CNC and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
20.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
20.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
20.7 Unless otherwise agreed to in writing by CN...
Personal Property Securities Xxx 0000. Each Obligor waives its right to receive a copy of a verification statement confirming registration of a financing statement or a financing change statement under the PPSA and agrees, to the extent permitted by law, that:
Personal Property Securities Xxx 0000. You acknowledge that you grant us a security interest in all present and after acquired goods supplied by us and their proceeds to secure all moneys owing to us now and in the future in respect of the supply of goods.
Personal Property Securities Xxx 0000. “PPSA”)
(a) Any mobile plant and equipment, materials and general property owned by the Company and entrusted to the Supplier in connection with the Supplier's provision of Services is not intended to be bailed by the Company to the Supplier. However, if the PPSA treats any such arrangement as a bailment or PPS lease (as defined in the PPSA) the term of the arrangement will end on the earlier of the date the Services have been performed or the day immediately before the PPSA would otherwise apply to the arrangement as a PPS lease.
(b) The Supplier acknowledges and agrees that it will not register any Security Interest in relation to this Contract against the Company on any register maintained under the PPSA.
Personal Property Securities Xxx 0000. 28.1 The Borrower hereby irrevocably authorises the Corporation, its agents, solicitors, officers, employees and service providers to: (a) apply for and effect (in any manner the Corporation considers necessary or appropriate) any registration of a financing statement on the PPSA Register in connection with any PPSA Security Interest created or expressed to be created under this Agreement; (b) complete any document associated with this Agreement, including any financing statement or financing change statement; and (c) recover from the Borrower, at the Corporation’s absolute discretion, any costs incurred by the Corporation in relation to the abovementioned matters.
(a) The Parties contract out of each provision of the PPSA that section 115 of the PPSA permits parties to contract out of.
(b) To the extent permitted by section 275 of the PPSA, the Parties agree to keep all information of the kind described in section 275(1) of the PPSA confidential and not to disclose any such information to any other person except where such disclosure is otherwise permitted or authorised under this Agreement or an Existing Facility Agreement.
(c) The Parties agree that a receiver or receivers appointed under section 6.22 of the Local Government Act need not give any notice required under any provision of the PPSA.
Personal Property Securities Xxx 0000. 18.1. This Agreement constitutes, in favour of us, a Security Agreement creating a Security Interest in the Goods or Services and the proceeds of such Goods or Services, to secure the payment by you to us, of all Amounts Owing and a Security Interest is taken in all Goods and Services (all present and after acquired personal property), in regard to your account, which is a monetary obligation of you to us for Goods or Services previously provided and that will be provided in the future.
00.0. Xxx agree that you will:
(a) sign any further document and provide any information which we may reasonably require to ensure we are paid all Amounts Owing due to us and otherwise to protect our interests under this Agreement including by registration of a financing statement and ensuring that we have a first ranking perfected Security Interest in the Goods or Services and/or a Security Interest in the proceeds of all Goods or Services (a Security Interest taken in all collateral and any proceeds of any collateral).
(b) give us (addressed to the financial controller or equivalent) not less than fourteen (14) days prior written notice of any proposed change in your name and/or any other changes in your details (including but not limited to, changes in ownership of the company, address, email, contact phone or business structure) in accordance with clause 5.1.
00.0. Xx the extent permitted by law, we each contract out of: (a)sections 114(1)(a), 133 and 134 of the PPSA; and
Personal Property Securities Xxx 0000. (a) The Equipment will remain the property of Waverley Forklifts Sales at all times.
(b) The Hirer acknowledges and agrees with Waverley Forklifts Sales that for the purposes of the Personal Property Securities Act 2009 (C’th)(“PPSA”), and all regulations made under the PPSA:
(i) the Contract constitutes a security agreement;
(ii) a security interest and if applicable a purchase money security interest (PMSI), is taken by Waverley Forklifts Sales in respect of the Equipment: and
(iii) Waverley Forklifts Sales may at its discretion register a financing statement or financing change statement in respect of its security interest including any PMSI. .
(c) The Hirer undertakes to:
(i) sign any and all further documents and provide any and all further information, which Waverley Forklifts Sales may reasonably require to protect its rights in relation to the Equipment, to register a financing statement or a financing change statement on the Personal Property Securities Register established under the PPSA, or to maintain any registration of any security interest including any PMSI;
(ii) indemnify and upon demand reimburse Waverley Forklifts Sales for all expenses incurred in protecting its rights in relation to the Equipment, registering a financing statement or financing change statement on the Personal Property Securities Register, maintaining any registration or releasing any property secured;
(iii) not register a financing statement or financing change statement in relation to any security interest or any PMSI, without the prior written consent of Waverley Forklifts Sales;
(iv) give Waverley Forklifts Sales not less than fourteen (14) days prior written notice of any proposed changes in the Hirer’s name or any other change in the Hirer’s structure, operations, management or other details that may affect any registration of any security interest including any PMSI.
(d) The Hirer agrees that to the extent mentioned in section 115(1)(a) to (r) (inclusive) of the PPSA, the parties contract out of each of the provisions of the PPSA mentioned in that section. The Hirer also waives its right to receive a copy of any financing statement, financing change statement or verification statement.
Personal Property Securities Xxx 0000. 23.1. For the purposes of the PPSA but without limiting any other term of this Agreement, by executing this Agreement or any subsequent amendment you grant a security interest in the Stock and Progeny and any products derived from the Stock including without limitation all carcasses, meat, and any other products or by-products to us. For the avoidance of doubt, this clause does not in any way limit or reduce the absolute exclusive title to the Stock held by us.
23.2. You acknowledge that it is the intention of the parties that Part 9 of the PPSA will not apply to this Agreement. However, if at law this is not the case for any reason, You:
23.2.1 agree that if at any relevant time, our security interest in the Stock does not have priority over all other secured parties in respect of the Stock, then the parties for the purposes of section 109(1) of the PPSA are deemed, in accordance with the entitlement to do so under section 107(1) of the PPSA to have contracted out of that section but specifically on the basis that for the purposes of this Agreement and the operation and application of the PPSA that section 109(1) (but amended only by deletion of the words “with priority over all other secured parties”) is reinstated and contracted back into;
23.2.2 agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Agreement;
23.2.3 waive:
23.2.3.1 your right to receive the amount of any surplus under section 117(1) of the PPSA;
23.2.3.2 your right to redeem the Stock under section 132 of the PPSA.
Personal Property Securities Xxx 0000. All terms in these clauses (45) to (48) have the meaning given in the Personal Property Securities Act 1999 ("PPSA") and section references are to sections of the PPSA.
Personal Property Securities Xxx 0000. “PPSA”)
19.1 The Contract constitutes a security interest in the Products and/or Services for the purposes of the PPSA as security for payment by the Customer of all amounts due under the Contract, including any future amounts.
19.2 The Customer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest in any Products, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company in the Products.
19.3 To the extent that Part 9 of the PPSA applies, the Customer agrees that the provisions of sections 114(1)(a), 117(1)(c), 120, 122, 133 and 134 of the PPSA which are for the Customers benefit, or place any obligations on the Company in the Customers favour, shall not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply.
19.4 To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Customer hereby waives its rights under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131and 132 of the PPSA.
19.5 The Customer hereby waives its right 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 the Company.
