PPSA Provisions. (a) Where any Secured Party has a security interest (as defined in the PPSA) under any Note Document, to the extent the law permits:
(i) for the purposes of sections 115(1) and 115(7) of the PPSA: each Secured Party with the benefit of the security interest need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the PPSA; and sections 142 and 143 of the PPSA are excluded;
(ii) for the purposes of section 115(7) of the PPSA, each Secured Party with the benefit of the security interest need not comply with sections 132 and 137(3);
(iii) each party waives its right to receive from any Secured Party any notice required under the PPSA (including a notice of a verification statement);
(iv) if a Secured Party with the benefit of a security interest exercises a right, power or remedy in connection with it, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless the Secured Party states otherwise at the time of exercise. However, this Section 12.19 does not apply to a right, power or remedy which can only be exercised under the PPSA; and
(v) if the PPSA is amended to permit the parties to agree not to comply with or to exclude other provisions of the PPSA, the Collateral Agent may notify the Issuer, the Australian Obligors and the Secured Parties that any of these provisions is excluded, or that the Secured Parties need not comply with any of these provisions. This does not affect any rights a person has or would have other than by reason of the PPSA and applies despite any other clause in any Note Document.
(b) Whenever the Collateral Agent reasonably requests the Issuer or any Australian Obligor to do anything:
(i) to ensure any Note Document (or any security interest (as defined in the PPSA) or other Lien under any Note Document) is fully effective, enforceable and perfected with the contemplated priority;
(ii) for more satisfactorily assuring or securing to the Secured Parties the property the subject of any such security interest or other Lien in a manner consistent with the Note Documents; or
(iii) for aiding the exercise of any power in any Note Document, the Issuer or that Australian Obligor (as applicable) shall do it promptly at its own cost. This may include obtaining consents, signing documents, getting documents completed and signed and supplying information, delivering documents and evidence of title and executed blank transfers, or otherwise giving possession or control with respect to an...
PPSA Provisions. (a) PPSA means the Personal Property Securities Act 2009 (Cth).
(b) You acknowledge that we will have a security interest under the PPSA in respect of the Secured Property, and you authorise us to register one or more security interests under the PPSA in respect of this document.
(c) The rights and powers conferred on us by this document or the law are in addition to any rights and powers conferred by the PPSA.
(d) For the avoidance of doubt, in addition to the powers under section 125 of the PPSA, we may take any action after default authorised by this document or the law, including delaying any disposal, leasing or action to retain any of the Secured Property.
PPSA Provisions. (1) Where the Administrative Agent has a security interest (as defined in the PPSA) under any Loan Document, to the extent the law permits each Loan Party (as applicable):
a. has no rights under, or by reference to, sections 114(1)(a), 133 and 134 of the PPSA; and
b. waives its rights to:
i. not have goods damaged if the Administrative Agent removes an accession under section 125 of the PPSA;
ii. receive notice of the removal of an accession under section 129 of the PPSA;
iii. apply to the applicable court for an order concerning the removal of an accession under section 131 of the PPSA;
iv. receive a statement of account under section 116 of the PPSA;
v. receive notice of any proposal of the Administrative Agent
vi. object to any proposal of the Administrative Agent to retain collateral under section 121 of the PPSA;
c. waives its right under section 148 of the PPSA to receive a copy of a verification statement in respect of any financing statement or financing change statement registered by the Administrative Agent.
(2) If the Administrative Agent exercises a right, power, or remedy in connection with it, that exercise is taken not to be an exercise of a right, power, or remedy under the PPSA unless the Administrative Agent states otherwise at the time of exercise. However, this clause does not apply to a right, power, or remedy that can only be exercised under the PPSA.
(3) This Section does not affect any rights a Person has or would have other than by reason of the PPSA and applies despite any other clause in any Loan Document.
PPSA Provisions. (a) PPSA means the Personal Property Securities Xxx 0000 (Cth).
(b) You acknowledge that we will have a security interest under the PPSA in respect of the Secured Property, andyou authorise ustoregisterone or more security interests under the PPSA in respect of this document.
(c) The rights and powers conferred on us bythis document orthelaw are in addition to any rights and powers conferred by the PPSA.
(d) For the avoidance of doubt, in addition tothe powers under section 125 of the PPSA, wemay takeanyaction afterdefault authorised bythis document orthelaw, including delaying any disposal, leasing or action toretain anyofthe Secured Property.
PPSA Provisions. This clause 9 applies only if the Hire Period exceeds the maximum Hire Period provided for in clause 1.1.
PPSA Provisions. (a) PPSA means the Personal Property Securities Act 2009 (Cth).
(b) You acknowledge that we will have a security interest under the PPSA in respect of the Secured Property, and you authorise us to register one or more security interests under the PPSA in respect of this document.
(c) The rights and powers conf erred on us by this document or the law are in addition to any rights and powers conferred by the PPSA.
(d) For the avoidance of doubt, in addition to the powers under section 125 of the PPSA, we may take any action af ter def xxxx authorised by this document or the law, including delaying any disposal, leasing or action to retain any of the Secured Property.
PPSA Provisions. 7.1 In consideration of the Buyer supplying the Goods to the Seller, by accepting the Goods and until such time as full payment of the Price for the Goods has been received, the Buyer:
1) acknowledges that it grants to the Seller a purchase money security interest (PMSI) as defined by the PPSA and/or Security Interest in the Goods;
2) agrees that a PMSI has attached to all Goods supplied now or in the future to the Buyer and that the attachment of the PMSI has in no way been deferred or postponed;
3) acknowledges that the Seller reserves the right to register a financing statement in respect of any Goods supplied by the Seller to the Buyer pursuant to these terms and conditions;
4) must promptly, on request by the Seller, execute all documents and do anything else reasonably required by the Seller to ensure that the PMSI and/or Security Interest created by these terms and conditions (if applicable) constitutes a perfected Security Interest under the PPSA over all Goods supplied from time to time;
5) must not agree to allow any person to register a financing statement over any of the Goods supplied by the Seller without its prior written consent and the Buyer must immediately notify the Seller if it becomes aware of any person taking steps to register a financing statement in relation to the Goods;
7.2 If the Seller perfects any Security Interest it has in relation to the Goods, the Buyer must not do anything that results in the Seller having less than the security or priority granted by the PPSA that the Seller assumed at the time of that perfection.
7.3 The Buyer irrevocably grants to the Seller the right to enter upon the Buyer’s premises, without notice, and without being in any way liable to the Buyer or to any third party, if the Seller has cause to exercise any of its rights under the PPSA, and the Buyer indemnifies the Seller from any claims made by any third party as a result of such exercise.
7.4 The Seller agrees to contract out of, waive or exclude such sections of the PPSA as the Seller may require, to the extent and subject to those sections being able to be excluded under the law.
7.5 The Buyer expressly agrees to:
(1) contract out of the enforcement provisions referred to at sections 115(1)(a) to (r)(inclusive) of the PPSA; and
(2) waive its right to receive a copy of any;
(a) financing statement or any financing change statement;
(b) verification statement under section 157 of the PPSA; and/or
(c) notice in relation to a registration event ...
PPSA Provisions. (i) Where the Administrative Agent has a security interest (as defined in the PPSA) under any Loan Document, to the extent the law permits each Loan Party (as applicable):
PPSA Provisions. (a) If Engagis has a “security interest”, under the PPSA, then Engagis is entitled to register its interest under the PPSA.
(b) For this purpose, the Client must do all things, and sign all document, Engagis requires in order to register, enforce or otherwise perfect its security interest under the PPSA, and to exercise Engagis’s rights in connection with the security interest.
(c) Any terms defined in the PPSA which are used in this Agreement are incorporated by reference.
PPSA Provisions
