Personal Property Security Interest. (a) This Mortgage shall cover, and Mortgagor hereby grants to Mortgagee a security interest in, all property now or hereafter affixed or attached or incorporated upon the Mortgaged Property including without limitation all furnaces, heating equipment, air conditioners, fans, water heaters, pipes, ducts, wiring and electrical fixtures, conduits, plumbing, sinks, partitions, restroom fixtures, light fixtures, windows and window coverings, and floor, ceiling and wall coverings, and all replacements thereof and substitutions therefor, which, to the fullest extent permitted by law shall be deemed fixtures and a part of the real property. In addition, this Mortgage shall cover, and Mortgagor hereby grants to Mortgagee a security interest in: (i) all building materials, fixtures, equipment and other personal property to be incorporated into any improvements constructed on the Premises; (ii) all interest of Mortgagor in all goods, materials, supplies, fixtures, equipment, machinery, furniture and furnishing and other personal property which are now or hereafter affixed to, placed upon or used in connection with, the Premises, and all replacements thereof, and substitutions therefor; (iii) all interest of Mortgagor in all rents, issues and profits, as well as the fees, charges, accounts, or other payments for the use or occupancy of rooms and other public facilities, and insurance policies, insurance and condemnation awards and proceeds, tradenames, trademarks and service marks, arising from or related to the Premises and any other business conducted on the Premises; (iv) all of Mortgagor’s interest in and rights pursuant to any franchise or licensing agreement or other similar agreement with respect to the Premises but only to the extent such grant does not violate any such agreement; and (v) all books, records and files relating to, any of the foregoing. The security interests hereby granted are first and prior liens on the property described. To the extent any property covered by this Mortgage consists of rights in action or personal property covered by the Uniform Commercial Code, this Mortgage constitutes a Security Agreement and is intended to create a security interest in such property in favor of Mortgagee. This Mortgage shall be self-operative with respect to such property, but Mortgagor agrees to execute and deliver on demand such security agreements, financing statements and other instruments as Mortgagee may request in order to manifest or perfect the l...
Personal Property Security Interest. (a) Fencemakers may register its security interest over Fencemakers’ property which is in the possession of the Customer on the Personal Property Security Register and the Customer shall indemnify Fencemakers for the costs of registering those interests.
(b) The Customer agrees:
(i) that these terms are a security agreement for the purposes of the Personal Property Securities Act;
(ii) to provide Fencemakers with all necessary information to enable Fencemakers to register its security interest on the Personal Property Security Register in a manner which complies with the Personal Property Securities Act;
(iii) to waive the right to receive notice of a verification statement in relation to any registration by Fencemakers of a security interest over Fencemakers’ property which is in the possession of the Customer; (iv) that sections 95, 96, 118, 121(4), 125, 127, 129(2), 129(3), 130, 132, 134(2), 135, 136(3), 136(4), 136(5), 137 142 and 143 do not apply to enforcement of the security interest created under these terms.
Personal Property Security Interest. 10.1 The Customer grants Cornerstone a Security Interest in the goods supplied as Commercial Property, more particularly described as other goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to Cornerstone under this contract (together the “Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the Indebtedness, the security interest shall also extent to all the Customers present and after acquired Cornerstone, of which the goods form part, to the extent required to secured the Indebtedness.
10.2 As and when required by Cornerstone the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable Cornerstone to register a Financing Statement or a Financing Change Statement and generally to obtain, maintain, register and enforce Cornerstone’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 2009 (“PPSA”).
10.3 The Customer shall not change its name without first notifying Cornerstone of the new name not less than 7 days before the change takes effect.
10.4 The Customer warrants that the goods are not purchased for personal, domestic or household purposes.
10.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Cornerstone in the following order:
10.5.1 To any obligation owed by the Customer to Cornerstone which is unsecured, in the order in which the obligations were incurred;
10.5.2 To any obligations that are secured, but not by a Purchase Money Security Interest, in the order in which those obligations were incurred;
10.5.3 To obligations that are secured by a Purchase Money Security Interest, in the order in which those obligations were incurred.
10.6 Until the Customer has paid all money owing to Cornerstone the Customer shall at all times ensure that:
10.6.1 All goods supplied by Cornerstone, while in the Customer’s possession, can be readily identified and distinguished, and/or
10.6.2 All Proceeds (in whatever form) that the Customer received from the sale of any of the goods are readily identifiable and traceable.
10.7 Where the goods are purchased by the Customer and held as I...
Personal Property Security Interest. Borrowers hereby grant to Lender a security interest in all of Borrowers' personal property of every kind and nature, whether now existing or hereafter created, acquired or arising and all products and proceeds thereof, all as more fully set forth in the Security Agreement.
Personal Property Security Interest. 5A.1 You grant us a Security Interest in the goods supplied as Commercial Property and/or Consumer Property, and their Proceeds to secure your obligation to pay the Price of the goods and your obligations to us under this Agreement (together the “Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the Indebtedness, the security interest shall also extend to all your present and after acquired goods, of which the goods form part, to the extent required to secure the Indebtedness.
5A.2 As and when required by us, you shall, at your own expense, provide all reasonable assistance and relevant information to enable us to register a Financing Statement or a Financing Change Statement, gain first priority and generally to obtain, maintain, register and enforce our Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 2009 (“PPSA”).
5A.3 You warrant that and you shall not change your name without providing us with 10 business days’ prior written notice.
5A.4 If you are in business or purchase with the intent of reselling the goods, you warrant that the goods are not purchased for personal, domestic or household purposes.
5A.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by you on more than one invoice/order, any payments received from you shall be deemed to be made by you and applied in the following order:
5A.5.1 to any unsecured obligation owed to us, in the order in which the obligations were incurred; 5A.
Personal Property Security Interest. 16.1 You acknowledge that these Terms may be deemed to be a PPS Lease under the Personal Property Security Act 2009 (Cth) (“PPSA”) and that we may register a security interest on the Personal Property Security Register against you to protect our interest under this agreement between you and us.
16.2 You grant us a security interest in all your present and after- acquired personal property to the extent required to secure your obligation to us to pay the price of the Services and the other of your obligations to us under this agreement.
16.3 You waive any right to receive notice in relation to any registration or amendment to a registration on the Personal Property Security Register (‘PPSR’). At your own expense, you will provide all reasonable assistance and relevant information to enable us to register on the PPSR and generally to obtain, maintain, register and enforce the security interests created by these Terms.
16.4 Any payments received from you shall be deemed to be made and applied by us in the following order (unless we otherwise determine): (1) to any obligation owed by you which is unsecured, in the order in which the obligations were incurred; (2) to any obligations that are secured, in the order in which those obligations were incurred.
16.5 To the extent permissible by law, you agree that the following provisions of the PPSA will not apply and you will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notice to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142; section 143.
16.6 Section 115(7) of the PPSA allows for the contracting out of provision of the PPSA, the following provisions of the PPSA will not apply and you will not have any rights under them: section 127; section 129(2),(3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
16.7 Unless otherwise agreed and to the extent permitted by the PPSA, the parties agree not to disclose any information of a kind referred to in section 275(1) of the PPSA to an interested person or any other person. You waive any right you may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
17.1 To enable us to assess your application for credit, you authorise u...
Personal Property Security Interest. As further security for the payment of principal, accrued interest and all other Obligations under this Agreement, Borrower hereby grants to the ICM a security interest in all of its personal property that makes up any part of the Collateral. Borrower shall not (and nothing in this Article 6 shall constitute or be deemed to constitute a grant of authority to Borrower to) sell, lease, or otherwise dispose of or encumber the Collateral, or any part of the Collateral, without the prior written consent of ICM, except in the ordinary course of business or as otherwise provided herein.
Personal Property Security Interest a) The Hiree may register any actual or impending security interest in relation to any security interest contemplated or constituted by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment.
b) The Hirer will undertake to do anything that is required by the Hiree so that the Hiree may acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds.
c) The Hirer must not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without the Hirees prior written consent
d) The Hirer must not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without The Hirees written consent.
e) The Hirer waives their right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under the Hire Agreement.
f) The Hirer agrees to notify the Hiree in writing of any changes to the Hirers details set out on the Hire Agreement within 5 days from the date of any change.
Personal Property Security Interest. A provision that the collateral for a loan against the member's cooperative interest is in the nature of a personal property security interest and any default of such a loan entitles the lender to treat the default in the same manner as a default of a loan secured by personal property; [PL 1993, c. 300, §1 (NEW).]
Personal Property Security Interest. The Subsidiaries hereby grant to Lender a security interest in all of the Subsidiaries' personal property of every kind and nature, whether now existing or hereafter created, acquired or arising and all products and proceeds thereof, all as more fully set forth in the Security Agreement.
