Common use of PPSA Provisions Clause in Contracts

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 any property the subject of any security interest or Lien.

PPSA Provisions. (a1) Where any Secured Party Purchaser has a security interest (as defined in the PPSA) under any Note Copper Stream Document, to the extent the law permits: (ia) for the purposes of sections 115(1) and 115(7) of the PPSA: each Secured Party with the benefit of the security interest : (i) Purchaser need not comply with sections section 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the PPSA; and and (ii) sections 142 and 143 of the PPSA are excluded; (iib) for the purposes of section 115(7) of the PPSA, each Secured Party with the benefit of the security interest Purchaser need not comply with sections 132 and 137(3); (iiic) each party Party waives its right to receive from any Secured Party Purchaser any notice required under the PPSA (including a notice of a verification statement); (ivd) if a Secured Party with the benefit of a security interest Purchaser exercises a right, power or remedy in connection with itthat security interest, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless the Secured Party Purchaser states otherwise at the time of exercise. However, this Section 12.19 11.14 does not apply to a right, power or remedy which can only be exercised under the PPSA; and (ve) if the PPSA is amended to permit the parties Parties to agree not to comply with or to exclude other provisions of the PPSA, the Collateral Agent Purchaser may notify the Issuer, the Australian Obligors and the Secured Parties Seller PSA Entities that any of these provisions is excluded, or that the Secured Parties Purchaser 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 section in any Note Copper Stream Document. (b2) Whenever the Collateral Agent reasonably Purchaser requests the Issuer or any Australian Obligor a Seller PSA Entity to do anything: (ia) to ensure any Note Document (or any security interest (as defined in the PPSA) arising pursuant to a Copper Stream Document or other Lien Encumbrance created under any Note Document) Copper Stream Document is fully effective, enforceable and perfected with the contemplated priority; (iib) for more satisfactorily assuring or securing to the Secured Parties Purchaser the property the subject of any such security interest or other Lien Encumbrance in a manner consistent with the Note Copper Stream Documents; or (iiic) for aiding the exercise of any power in respect of any Note such security interest or other Encumbrance in any Copper Stream Document, the Issuer or that Australian Obligor (as applicable) Seller PSA Entity 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 any property the subject of any security interest or LienEncumbrance.

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 12.18 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 any property the subject of any security interest or LienXxxx.

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 any property the subject of any security interest or LienXxxx.

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:: ASIA-DOCS\12847562.6 DRAFT 076267-0001 (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 any property the subject of any security interest or LienXxxx.

PPSA Provisions. (a1) Where any Secured Party Purchaser has a security interest (as defined in the PPSA) under any Note Silver Stream Document, to the extent the law permits: (ia) for the purposes of sections 115(1) and 115(7) of the PPSA: each Secured Party with the benefit of the security interest : (i) Purchaser need not comply with sections section 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the PPSA; and and (ii) sections 142 and 143 of the PPSA are excluded; (iib) for the purposes of section 115(7) of the PPSA, each Secured Party with the benefit of the security interest Purchaser need not comply with sections 132 and 137(3); (iiic) each party Party waives its right to receive from any Secured Party Purchaser any notice required under the PPSA (including a notice of a verification statement); (ivd) if a Secured Party with the benefit of a security interest Purchaser exercises a right, power or remedy in connection with itthat security interest, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless the Secured Party Purchaser states otherwise at the time of exercise. However, this Section 12.19 11.14 does not apply to a right, power or remedy which can only be exercised under the PPSA; and (ve) if the PPSA is amended to permit the parties Parties to agree not to comply with or to exclude other provisions of the PPSA, the Collateral Agent Purchaser may notify the Issuer, the Australian Obligors and the Secured Parties Seller PSA Entities that any of these provisions is excluded, or that the Secured Parties Purchaser 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 section in any Note Silver Stream Document. (b2) Whenever the Collateral Agent reasonably Purchaser requests the Issuer or any Australian Obligor a Seller PSA Entity to do anything: (ia) to ensure any Note Document (or any security interest (as defined in the PPSA) arising pursuant to a Silver Stream Document or other Lien Encumbrance created under any Note Document) Silver Stream Document is fully effective, enforceable and perfected with the contemplated priority; (iib) for more satisfactorily assuring or securing to the Secured Parties Purchaser the property the subject of any such security interest or other Lien Encumbrance in a manner consistent with the Note Silver Stream Documents; or (iiic) for aiding the exercise of any power in respect of any Note such security interest or other Encumbrance in any Silver Stream Document, the Issuer or that Australian Obligor (as applicable) Seller PSA Entity 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 any property the subject of any security interest or LienEncumbrance.

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 12.18 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 any property the subject of any security interest or Lien.