PPS Law. 19.1 This clause applies to the extent that this Agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (“PPS Law).
19.2 References to PPS Law in this Agreement include references to amended, replacement and successor provisions.
19.3 The Owner may register its security interest as a PMSI. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of:
(a) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and
(c) enabling the Owner to exercise rights in connection with the security interest.
19.4 The Owner may recover from the Hirer the cost of doing anything under this clause, including but not limited to registration fees.
19.5 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit.
19.6 To the extent that Chapter 4 of the PPS applies to the security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give notice to the Hirer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).
19.7 The following provisions of the PPS Law confer rights on the Owner: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral). The Hirer agrees that in addition to those rights, the Owner shall, if there is def...
PPS Law. 14.1 This clause applies to the extent that this agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (PPS Law). References to PPS Law in this Agreement include references to amended, replacement and successor provisions. The owner may register its security interest. The hirer must do anything (such as obtaining consents and signing documents) which the owner requires for the purposes of ensuring that the owner’s security interest is enforceable, perfected, first priority and otherwise effective under the PPS Law.
14.2 The owner may recover from the hirer the cost of doing anything under this clause, including but not limited to registration fees.
14.3 The rights of the owner under this document are in addition to and not in substitution for the owner’s rights under other law (including PPS Law) and the owner may choose whether to exercise rights under this document, and/or under other law, as it sees fit.
14.4 To the extent that Chapter 4 of the PPS Law applies to the security interest under this agreement, and the PPS Law requires the owner to give a notice or allow time or provide any account to the hirer the hirer and owner agree that to the extent allowable under the PPS Law that requirement does not apply and, for the purposes of section 115 of the PPS Law it is “contracted out” of this agreement in respect of all goods to which that section can be applied. Provisions of the PPS Law confer rights on the owner. The hirer agrees that in addition to those rights, the owner will, if there is default by the hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the hirer agrees that the owner may do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence.
14.5 The hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. The owner and the hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purposes of allowing the owner the benefit...
PPS Law. (a) On delivery of Grain to Viterra, the Client acknowledges and agrees that Viterra has control of the Client's Grain for the purposes of the PPSA and for the exercise of Viterra's rights under clause 10.
(b) The Client agrees, at its cost in all things, to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which Viterra asks and considers required for the purposes of:
(i) ensuring that the Security Interest is enforceable, perfected and otherwise effective;
(ii) enabling Viterra to apply for any registration, complete any financing statement or give any notification, in connection with the Security Interest so that Viterra has the priority it requires; or
(iii) enabling Viterra to exercise rights in connection with the Security Interest.
(c) The Client agrees to pay or reimburse Viterra’s reasonable costs in connection with anything done by Viterra in connection with the registration of any Security Interest created under this Agreement and the enforcement of any such Security Interest or of any lien over the Client's Grain.
(d) Viterra need not give any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and the requirement to give it cannot be excluded.
(e) Viterra and the Client agree that the parties are not required to disclose any information of the kind referred to in section 275(1) of the PPSA.
(f) If there is any inconsistency between Viterra's rights under this clause and its rights under Chapter 4 of the PPSA, this clause prevails.
(g) Terms used in this clause 29 have the same meaning as in the PPSA.
PPS Law. (a) Bunge acknowledges and agrees that the Warehouser has a purchase money security interest ("PMSI") over the Warehouser’s Grain and any proceeds of sale thereof for the purposes of the PPSA and that the Warehouser or the Warehouser's agent may register the PMSI on the Personal Property Security Register.
(b) On delivery of Grain to Bunge, the Warehouser acknowledges and agrees that Bunge has control of the Grain for the purposes of the PPSA and for the exercise of Bunge's rights under Clause 27.
(c) The Parties agree, at their cost in all things, to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the other Party, acting reasonably, asks and considers is required for the purposes of:
(i) ensuring that any security interest the other Party has under the Bunge Warehouse Agreement is enforceable, perfected and otherwise effective;
(ii) enabling the other Party to apply for any registration, complete any financing statement or give any notification, priority it requires; or in connection with the security interest so that the other Party has the
(iii) enabling the other Party to exercise rights in connection with its security interest and/or lien under the Bunge Warehouse Agreement.
(d) The Parties agree to pay or reimburse the reasonable costs of the other Party in connection with anything done in connection with the enforcement of any such security interest or of any lien over Grain of the Warehouser.
(e) The Parties acknowledge and agree that they are not entitled to receive any notice from the other Party under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and the requirement to give it cannot be excluded.
(f) The parties agree that they must not disclose any information of the kind referred to in section 275(1) of the PPSA.
(g) If there is any inconsistency between the Warehouser's and Bunge’s rights under this section and its rights under Chapter 4 of the PPSA, this section prevails.
(h) The parties acknowledge and agree that unless otherwise defined in the Bunge Warehouse Agreement, terms and expressions used in this section 32 have the same meaning as given to them under the PPSA.
PPS Law. 37.1 Application of clause
(a) This clause 37 applies to the extent that your Customer Contract provides for or contains a ‘security interest’ for the purposes of the PPS Law (or part of it).
(b) The security interest granted to us is a ‘purchase money security interest’ to the extent that it can be under section 14 of the PPS Law.
PPS Law. 9.1 This clause applies to the extent that this 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 this agreement include references to amended, replacement and successor provisions or legislation.
9.2 If Swiftlift does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: (1) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or (2) a year in any other case.
9.3 Swiftlift may register its security interest in the Equipment. The Customer must do anything (such as obtaining consents and signing documents) which Swiftlift requires for the purposes of: (1) ensuring that Swiftlift’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (2) enabling Swiftlift to gain first priority (or any other priority agreed to by Swiftlift in writing) for its security interest; and (3) enabling Swiftlift to exercise rights in connection with the security interest.
9.4 The rights of Swiftlift under this document are in addition to and not in substitution for Swiftlift’s rights under other law (including the PPS Law) and Swiftlift may choose whether to exercise rights under other law, as it sees fit. To avoid any doubt about it Swiftlift security interest will attach to proceeds.
9.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession
9.6 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); confer rights on Swiftlift. Customer agrees that in addition to those rights, Swiftlift shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, a...
PPS Law. (a) To the extent permitted under the PPS Law, the parties agree to the provisions in this clause 21.
(b) If, in the Company's opinion:
(i) any:
(A) Transaction Document contains; or
(B) any of the Transactions create,
PPS Law. (a) If, in Our opinion:
(i) any:
(A) Transaction Document contains; or
(B) any of the Transactions contemplated by a Transaction Document is,
PPS Law. On delivery of Grain to the Company, the Client acknowledges and agrees that the Company has control of the Client's Grain for the purposes of the PPSA and for the exercise of the Company's rights under clause 10.
PPS Law. 18.1 To the extent that a Security Interest arises under an Agreement or any Supply in favour of Company as the secured party:
(a) the Client acknowledges that the Security Interest will attach to any proceeds or any accessions;
(b) the Client agrees to Company effecting a registration on the PPS Register (in any manner Company considers appropriate) in relation to any Security Interest and the Client agrees to provide all assistance reasonably required to facilitate this (including executing any supplementary document and paying all costs in connection with effecting, maintaining, amending or discharging that registration);
(c) the Client waives the right to receive any verification statement (or notice of any verification statement) in respect of a registration made on the PPS Register; and
(d) the Client must not, without first giving Company 14 days’ prior written notice, amalgamate, redomicile out of its Province of incorporation, change its name, or any other identifiers which are required to be recorded on the PPS Register in connection with any Security Interest.
