PPS. 13.1 This clause applies to the extent that the Hire Agreement provides for a "security interest" for the purposes of the Personal Property Securities Xxx 0000 (Cth) ("PPS Law"). References to PPS Law in the Hire Agreement include references to amendment, replacement and successor provisions of that legislation. References to a "security interest" in that clause has the same meaning as in the PPS Law.
PPS. The Client acknowledges and agrees that it is intended that this Agreement creates a PPS Lease granted by the Client to Lavazza, as the secured party, over the Equipment. Xxxxxxx’s interest as owner of the Equipment continues despite any disposal or dealing under this Agreement or otherwise • For the purposes of section 20(2) of the PPSA, the collateral is the Product as supplied from time to time, the Equipment. This Agreement is a security agreement for the purposes of the PPSA. • If Chapter 4 of the PPSA would otherwise apply to the enforcement of a Security Interest in connection with the Agreement, the Client agrees that the following provisions of the PPSA will not apply: section 95 (notice of removal of accession), to the extent that it requires Lavazza to give notice to the Client; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets - notice to grantor); section 125 (obligation to dispose of or retain collateral); section 129 (disposal by purchase), section 130 (notice of disposal), to the extent that it requires Lavazza to give a notice to the Client; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); section 135 (notice of retention), section 142 (redemption of collateral) and section 143 (reinstatement of security agreement). • All notices or documents required or permitted to be given to Lavazza for the purposes of the PPSA must be given in accordance with the PPSA. • Without limiting clause 2.3(g) and except if section 275(7) of the PPSA applies, each party agrees not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available. • The Customer consents to Lavazza effecting a registration on the PPSA register in relation to any Security Interest created under or in connection with this Agreement. The Client agrees not to make any amendment demand. • The Client agrees to do, at the Client’s own expense, all things reasonably required to ensure that any Security Interest created under or in connection with this Agreement (including but not limited to a purchase money security interest in respect of the Product or Equipment): o attaches to the collateral that is intended to be covered by that Security Interest; o is enforceable, perfected, maintained and otherwise effective; o has the priority contemplated by this Agreement. • If any of the Equ...
PPS. Notwithstanding anything to the contrary herein, nothing in this Section 5.8 shall prohibit Sellers from continuing to own and operate Primepoint Systems LLC, a Michigan limited liability company (“PPS”) engaged in the business of developing and issuing tangible prepaid debit/ATM cards for use and/or distribution by retailers and other sales channels and payroll card programs (collectively, the “Current Activities”). For purposes of this Section 5.8, PPS’s Current Activities are not in competition with the Business of the Company or Buyer.
PPS. Subject to the limitations set forth in this Article VII, including the express limitations set forth in Section 7.3 and Schedule 7.2(a)(x), from and after the Closing, PPS shall indemnify and hold harmless Purchaser and the Company and their respective officers, directors, agents and employees, members, and Affiliates and each Person, if any, who controls or may control Purchaser within the meaning of the Securities Act (each of the foregoing being referred to individually as an “Indemnified Person” and collectively as “Indemnified Persons”) from and against Indemnifiable Damages arising out of, resulting from or in connection with:
PPS. 10.1 You consent to Us affecting and maintaining a registration on the register (in any manner We consider appropriate) 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 and You agree to sign any documents and provide all assistance and information to Us required to facilitate the registration and maintenance of any security interest. We may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest). You waive the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Equipment.
PPS. The PPS shall be built in accordance with (IAW) the Statement of Work (SOW) and Technical Data Package (TDP). Refer to Contract Delivery Requirement List (CDRLs) for item and data requirements. Payment will be made as a result of successful acceptance of FAT inspection. NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. FOB: Destination DWG NR: 7104312-29 PSC CD: 6130 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0002 1 Each AMOUNT Motor Control Panel (MCP) FAT FFP
PPS. We are entitled to register Our Security Interests pursuant to the PPS Act, and You must do everything (such as obtaining consents, completing, signing and supplying signed copies of documents, and supplying information), which We require to be done for the purpose of ensuring that each Security Interest of Ours is enforceable, perfected, has the required and intended priority, is otherwise effective, and can be practically and lawfully enforced by Us against You (and against third parties as relevant).
PPS. 15.1 For the purposes of this clause 15, the following definitions apply:
