Common use of Personal Property Securities Xxx 0000 Clause in Contracts

Personal Property Securities Xxx 0000. (a) The Equipment will remain the property of Waverley Forklifts at all times. (b) The Hirer acknowledges and agrees with Waverley Forklifts 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 in respect of the Equipment: and (iii) Waverley Forklifts 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 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 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; (iv) give Waverley Forklifts 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. (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 ForkliftsForklifts 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. “PPSA”) (a) The Equipment will remain the property of Waverley Forklifts at all times. (b) The Hirer acknowledges and agrees with Waverley Forklifts that constitutes a Security Agreement for the purposes of the Personal Property Securities Act 2009 PPSA; and (C’th)(“PPSA”)b) creates a Security Interest in all Equipment (including but not limited to all Accessions and serial numbered goods) and their Proceeds to secure the obligations of the Client to the Company under this Agreement. The Client irrevocably consents to the Company at any time affecting and maintaining a registration on the Register (in any manner the Company considers appropriate) in relation to any Security Interest (including any Purchase Money Security Interest) contemplated or constituted by this Agreement in the Goods, any Accession and all regulations made under the PPSAProceeds. The Client undertakes to: (ia) the Contract constitutes a security agreement; (ii) a security interest promptly and if applicable a purchase money security interest (PMSI), is taken by Waverley Forklifts in respect of the Equipment: and (iii) Waverley Forklifts may at its discretion register a financing statement or financing change statement own expense do all things and sign any further documents and/or provide any further assistance and/or provide any further relevant information (such information to be complete, accurate and up-to- date in respect of its security interest including any PMSI. . (call respects) The Hirer undertakes which the Company may reasonably require to: (i) sign any and all further documents and provide any and all further information, which Waverley Forklifts may reasonably require to protect its rights obtain and/or register and/or maintain and/or perfect a Financing Statement or Financing Change Statement in relation to the Equipment, to register a financing statement or a financing change statement Security Interest on the Personal Property Securities Register established under and/or enforce the Company’s Security Interest in respect of the Equipment Hired in accordance with the PPSA, or to maintain any registration of any security interest including any PMSI.; (ii) indemnify and upon demand reimburse Waverley Forklifts for all expenses incurred in protecting its rights in relation register any other document required to be registered by the Equipment, registering a financing statement or financing change statement on the Personal Property Securities Register, maintaining any registration or releasing any property secured;PPSA; or (iii) not register correct a financing defect in a statement referred to in clause 1.4.1(a) or financing change statement 1.4.1(b). (b) indemnify, and upon demand reimburse, the Company for all expenses howsoever incurred in relation to registering a Financing Statement or Financing Change Statement on the Register or releasing any security interest or any PMSI, without the prior written consent of Waverley ForkliftsEquipment charged; (ivc) give Waverley Forklifts not less than fourteen (14) days prior written notice register, procure or permit to be registered a Financing Statement or Financing Change Statement in respect of any proposed changes in the Hirer’s name a Security Interest contemplated 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.constituted by this Agreement; (d) not register, procure or permit to be registered a Financing Statement or Financing Change Statement in respect of the Equipment or a Security Interest in favour of a third party; (e) not to change its name and or its details (including, but not limited to, changes in the Client’s registered office address, facsimile number, trading name or business practice); without first notifying the Company of the new name or change in details not less than 14 days before the change takes effect; and (f) immediately advise the Company of any material change in its business practices which would result in a change in the nature of the Hire of the Equipment; The Hirer agrees that Company and the Client agree to contract-out of the PPSA in accordance with Section 115 to the extent mentioned in section 115(1)(athat Section 115 applies for the benefit of, and does not impose a burden on the Company. The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) to (r) (inclusiveand 132(4) of the PPSA. To the fullest extent permissible by law the Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. The Client warrants that the Equipment is of a commercial nature and is not Hired for use primarily for personal, domestic or household purposes. Unless otherwise expressly agreed to in writing by the Company, the parties contract out of each of the provisions of the PPSA mentioned in that section. The Hirer also Client waives its right to receive a copy Verification Statement in accordance with section 157(3)(b) of the PPSA. Unless otherwise expressly agreed to in writing by the Company, the Client must not disclose any financing statementinformation of the kind referred to in section 275(1) of the PPSA to an interested person, financing change statement or verification statementany other person required by an interested person. The Client shall not sell or grant a Security Interest in the Equipment. The Client shall unconditionally ratify any actions taken by the Company under this clause.

Personal Property Securities Xxx 0000. (a) The Equipment will remain the property of Waverley Queensland Forklifts at all times. (b) The Hirer acknowledges and agrees with Waverley Queensland Forklifts that for the purposes of the Personal Property Securities Act 2009 Xxx 0000 (C’th)(“PPSA”Cth) (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 Queensland Forklifts in respect of the Equipment: , and is registrable on the Personal Property Securities Register (PPSR): and (iii) Waverley Queensland Forklifts 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 Queensland Forklifts 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 Queensland Forklifts for all expenses incurred in protecting its rights in relation to the Equipment, registering a security interest, PMSI, financing statement or financing change statement on the Personal Property Securities RegisterPPSR, 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 PMSIPMSI registered over the Hirer, without the prior written consent of Waverley Queensland Forklifts; (iv) give Waverley Queensland Forklifts 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. (a) In this clause if a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause. This clause applies to the extent that GC Caravan for Hire’s interest in any Caravan is a security interest. The Equipment will remain the property of Waverley Forklifts at all times. (b) Caravan is as defined by this Agreement. The Hirer acknowledges and agrees with Waverley Forklifts that GC Caravan 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) Hire may apply to register a security interest and if applicable in the Goods at any time before or after pick-up of the Caravan. The Hirer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. GC Caravan for Hire can apply amounts it receives from the Hirer towards amounts owing to it in such order as GC Caravan for Hire chooses. If the Hirer defaults in the performance of any obligation owed to GC Caravan for Hire under this Agreement or any other agreement for GC Caravan for Hire to supply a purchase money Caravan to the Hirer, GC Caravan for Hire may enforce its security interest (PMSI)in any Caravan by exercising all or any of its rights under this Agreement or the PPSA. To the maximum extent permitted by law, is taken by Waverley Forklifts in respect the Hirer and GC Caravan for Hire agree that the following provisions of the Equipment: and (iii) Waverley Forklifts may at its discretion register a financing statement or financing change statement in respect PPSA do not apply to the enforcement by GC Caravan for Hire of its security interest including any PMSIin the Goods: sections 95, 118, 120, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. . (c) The Hirer undertakes to: (i) sign any and all further documents and provide any and all further information, which Waverley Forklifts may reasonably require GC Caravan for Hire agree not to protect its rights in relation to disclose information of 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 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; (iv) give Waverley Forklifts 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 kind mentioned in section 115(1)(a) to (r) (inclusives 275(1) of the PPSA, the parties contract out of each except in circumstances required by sections 275(7)(b) to (e) of the provisions of the PPSA mentioned in that sectionPPSA. The Hirer also waives its right must promptly do anything required by GC Caravan for Hire to receive ensure that GC Caravan for Hire’s security interest is a copy perfected security interest and has priority over all other security interests in the Caravan. Nothing in this clause 11 is limited by any other provision of this Agreement or any financing statement, financing change statement or verification statement.other agreement between the parties