Personal Property Security. As security for the Lessee Obligations, Lessee hereby irrevocably and unconditionally assigns and grants to Lessor, for the benefit of the Lessor Parties, a security interest in all estate, right, title and interest of Lessee in the following Property, whether now owned or hereafter acquired, (collectively, the "Personal Property Collateral"):
(i) All Subleases and Issues and Profits to the extent such Subleases and Issues and Profits constitute personal property;
Personal Property Security. 11.1 This clause is to be interpreted and applied in accordance with the Personal Property Securities Xxx 0000 (PPSA).
11.2 The Buyer acknowledges and agrees that:
(a) the Agreement constitutes a security agreement for the purposes of the PPSA, and as such, creates a security interest in the nature of a purchase money security interest to the benefit of the Seller as a secured party in all Goods provided or to be provided to the Buyer under the Agreement, to secure the payment of the Price and of any other monies which may become due and payable as a result of the supply of Goods by the Seller to the Buyer from time to time; and
(b) the Seller has given value for the security interest, and the Seller’s security interest is effective and attaches to the Goods (including future Goods supplied by the Seller to the Buyer) immediately upon the Buyer taking Delivery of the Goods.
11.3 The Seller is entitled to take all steps necessary to protect and register the purchase money security interest in the Goods under the PPSA.
11.4 Upon request by the Seller, the Buyer will promptly sign any documents and provide any information which the Seller may request, including agreement or waivers from third parties, as necessary to register, perfect or otherwise protect and enforce the Seller’s security interest in the Goods.
Personal Property Security. Client will not be responsible for the loss, theft, or damage of the equipment, supplies or other property of Renter, any Renter Party, or any Event guest. Renter and such persons assume the risk of all such losses.
Personal Property Security. (a) If the Supplier is supplying Goods, the Supplier grants a Security Interest in the Goods so as to secure performance of its obligations under this agreement and any payment of the Price made by the Contractor.
(b) If the Contractor determines that the agreement (or a transaction in connection with it) is or contains a Security Interest for the purposes of the PPSA, the Supplier agrees to do anything (such as obtain consents, sign and produce documents, get documents completed and signed, and supply information) which the Contractor asks for and considers necessary for the purposes of enabling the Contractor:
(i) to apply for any registration (under whatever collateral class the Contractor thinks fit);
(ii) give any notification, in connection with the Security Interest; and
(iii) to exercise rights in connection with the Security Interest, so that:
(iv) the Security Interest is enforceable, perfected (including where possible, by control in addition to registration) and otherwise effective; and
(v) the Security Interest has the priority required by the Contractor; and
(vi) consents to any such registration or notification and agrees not to make an amendment demand.
(c) Everything the Supplier is required to do under this clause is at the Supplier’s expense. The Supplier agrees to pay or reimburse the costs of the Contractor in connection with anything the Supplier is required to do under this clause.
(d) Without limiting clause 19.5, the Supplier must:
(i) not create or register any Security Interest or lien over any of the Contractor’s Personal Property (whether a general Security Interest, an all present and after acquired property Security Interest or otherwise); and
(ii) notify the Contractor at least 10 Business Days before:
(A) the Supplier changes its name, principal place of business or place of registration or incorporation;
(B) any ABN or ARBN allocated to the Supplier changes, is cancelled or otherwise ceases to apply to it (or if it does not have an ABN or ARBN or one is allocated, or otherwise starts to apply, to it); and
(C) the Supplier becomes trustee of a trust, or a partner in a partnership.
(e) To the extent the Law permits:
(i) for the purposes of sections 115(1) and 115(7) of the PPSA:
(A) the Contractor need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) and132(4); and
(B) sections 142 and 143, are excluded;
(ii) for the purposes of section 115(7) of the PPSA, the Contractor need not comply with sections 132 and 13...
Personal Property Security a. In this clause PPS Act means the Personal Property Securities Act 2009 (Cth) as amended, repealed or replaced from time to time.
b. The Customer agrees that this agreement is a security agreement under the PPS Act. The Customer acknowledges and agrees that the collateral is the goods supplied by JLG Industries (Australia), including those described in any purchase order, invoice, receipt or any other document provided in connection with the supply of goods to the Customer. The collateral includes material handling and access equipment including equipment such as telescopic material handlers, elevating work platforms, boom and other lifts and hoists and all parts and accessories and tools for all such equipment.
c. Despite any other term or condition of this agreement, JLG Industries (Australia) will be entitled to all rights and remedies of a secured party and an owner (including but not limited to a secured party and owner after default) under the PPS Act or any other applicable law. For the avoidance of doubt, such rights and remedies will not limit and will be in addition to all other rights provided to JLG Industries (Australia) under this agreement or by law (including in equity). They include the right to retain, deal or dispose of the goods in any way JLG Industries (Australia) sees fit.
d. All goods supplied by JLG Industries (Australia) pursuant to this agreement will forever remain personal property, and will not become or be deemed a fixture or a part of any real estate on which it may be located.
e. The Customer must do everything (including providing information, executing any security agreement or other document, and granting any other or substitute security interest) requested by JLG Industries (Australia) to perfect a security interest in:
i. collateral supplied by it pursuant to this agreement; and
ii. the proceeds of such collateral, so as to maintain an effective and first priority security interest in favour of JLG Industries (Australia).
f. JLG Industries (Australia) may at its absolute discretion effect and maintain a registration on the register under the PPS Act (in any manner it considers appropriate, including as a purchase money security interest) in relation to any security interest arising or contemplated by this agreement. The Customer waives the right to receive notice of a verification statement in relation to any registration event. The Customer must not register a financing change statement in respect of a security inte...
Personal Property Security. CCC agrees to provide lockers or locked area accessible only to staff of the program area or worksite, for the purposes of securing personal property where possible. In the absence of secure areas for personal property, CCC agrees to reimburse the employee the fair market value for any stolen personal property, provided the employee had a reasonable reason to bring the item into the workplace.
Personal Property Security. The Guarantor Security Documents create, in favour of the Collateral Agent for the benefit of the Secured Creditors, a valid and enforceable perfected security interest in and Lien on all of the property and assets of the Guarantor, superior to and prior to the rights and Liens of all third Persons and subject to no other Liens. Except as have been obtained or made, no consents, filings or recordings are required to maintain the perfection and priority of the security interests purported to be created by the Guarantor Security Documents.
Personal Property Security. 14.1 In this clause ‘attaches’, ‘financing statement’, ‘financing change statement’, ‘personal property’, ‘security Agreement’, ‘security interest’ and ‘verification statement’ have the meanings given to them by the PPSA.
14.2 The Client and the Guarantor, if any, hereby charge all their respective interest in their personal property as security for the performance by the Client of the Client’s obligations under the Agreement.
14.3 The Client acknowledges and agrees that: (a) the Agreement constitutes a security agreement for the purposes of the PPSA, (b) a security interest exists in all of the Client’s existing and future personal property (and their proceeds), and (c) WDG has not agreed to postpone the time the security interest attaches to the Client’s personal property.
14.4 The Client shall: (a) promptly sign all documents and provide any further information that WDG may reasonably require to register a financing statement or financing change statement in relation to a security interest granted to WDG under the Agreement or any other document required to be registered under the PPSA, and (b) on demand reimburse WDG for all costs and expenses incurred in registering a financing statement or financing change statement.
14.5 The Client irrevocably appoints WDG and each director of WDG as the Client’ true and lawful attorney for the purpose of performing all acts and signing all documents necessary to give effect to this clause.
14.6 Any requirement under the PPSA on the part of WDG to give a notice to the Client or any Guarantor shall not, to the extent that the requirement may be contracted out of (including, without limitation, under Section 115(1) of the PPSA), apply to the Agreement. Further, to the extent that that the Client and/or the Guarantor may waive the right to receive a notice under the PPSA (including, without limitation, notice in relation to a verification statement under Section 157(1) of the PPSA), the Client and the Guarantor waives that right.
14.7 The Client irrevocably authorises and licenses WDG to enter upon the Client’s property or premises, without notice, and without being in any way liable to the Client, if WDG has cause to exercise any of WDG’s rights under Section 123 of the PPSA, and the Client shall indemnify WDG from any claims made by any third party as a result of such exercise.
14.8 WDG and the Client agree to treat information of the kind referred to in Section 275(1) of the PPSA as confidential. Neither WDG or the ...
Personal Property Security. As security for the Lessee Obligations under Facility 2, Lessee hereby irrevocably and unconditionally assigns and grants to Lessor, for the benefit of the Lessor Parties, a security interest in all estate, right, title and interest of Lessee in the following property, whether now owned or leased or hereafter acquired, (collectively, the "Personal Property Collateral"):
(i) All Subleases and Issues and Profits accruing from the Facility 2 Land or any of the Improvements or Appurtenant Rights to the extent that such Subleases and Issues and Profits constitute personal property;
(ii) All Related Goods, Related Agreements and Related Permits related to the Facility 2 Land or any of the Improvements or Appurtenant Rights to the extent that such Related Goods, Related Agreements and Related Permits constitute personal property;
(iii) All Cash Collateral and all other deposit accounts, instruments, investment property and monies held by any Lessor Party in connection with this Agreement or any other Operative Document (including any Repair and Restoration Account);
(iv) All other Facility 2 Property to the extent such Facility 2 Property constitutes personal property; and
(v) All proceeds of the foregoing, including Casualty and Condemnation Proceeds.
Personal Property Security. As security for the Lessee Obligations, Lessee hereby irrevocably and unconditionally assigns and grants to Lessor, for the benefit of the Lessor Parties, a security interest in all estate, right, title and interest of Lessee in the following property, whether now owned or leased or hereafter acquired, (collectively, the "Personal Property Collateral"):
(i) All Subleases of and all Issues and Profits accruing from any of the Land, Improvements or Appurtenant Rights to the extent that such Subleases and Issues and Profits constitute personal property;
(ii) All Related Goods, Related Permits and Related Agreements related to any of the Land, Improvements or Appurtenant Rights to the extent that such Related Goods, Related Agreements and Related Permits constitute personal property;
(iii) All Cash Collateral and all other deposit accounts, instruments, investment property and monies held by any Lessor Party in connection with this Agreement or any other Operative Document (including any Repair and Restoration Account);
