Common use of PPSA Clause in Contracts

PPSA. 9.1. This clause applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.2. The rights of the Marina Company under this Agreement are in addition to and not in substitution for the Marina Company’s rights under other law (including PPSA) and the Marina Company may choose whether to exercise rights under this Agreement, and/or under other law, as it sees fit. 9.3. The Customer acknowledges that if the Marina Company’s interest under this Agreement and any other related document(s), is a Security Interest for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.4. The Customer acknowledges that by this Agreement the Customer: (a) creates and grants to the Marina Company a Security Interest for the purposes of the PPSA, in the Vessel and in all equipment and other materials stored in the Space; (b) that the Marina Company may register its Security Interest on the PPSA Register and that the Customer shall do anything requested of it by the Marina Company to enable the Marina Company to do so and ensure its Security Interest is perfected and otherwise enforceable under the PPSA, with first priority; (c) warrants that it shall not create or allow to be created any other Security Interest in the Vessel or any of its inventory or otherwise part with possession of the Vessel or any of its inventory to any third party without the written consent of the Marina Company; (d) that if Chapter 4 of the PPSA applies to the enforcement of the Security Interest, to the maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3), 132(4), 134(1), 135, 142 and 143 of the PPSA, will not apply to the enforcement of that Security Interest and the Customer waives its right to receive any notice under the PPSA so far as is permitted at law. 9.5. In support of the Marina Company’s rights under this Agreement, the Customer charges its real and personal property with any amounts which are or may become owing to the Marina Company under this Agreement from time to time and shall sign any security documents requested by the Marina Company to give effect to the charge hereby created and appoints the Marina Company as its attorney to sign any documents for that purpose if the Customer fails to do so within a reasonable time.

PPSA. 9.1. This clause If Krannich Solar determines, in its absolute discretion, that the PPSA applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.2. The rights of the Marina Company under this Agreement are in addition to and not in substitution for the Marina Company’s rights under other law (including PPSA) and the Marina Company may choose whether to exercise rights any transaction under this Agreement, and/or under other law, as the Customer agrees that: 10.1. it sees fit. 9.3. The Customer acknowledges that if grants a first ranking security interest and purchase money security interest in the Marina Company’s interest under this Agreement Goods and the proceeds arising in respect of any other related document(s), is a Security Interest dealings in the Goods for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.4. The Customer acknowledges that by this Agreement the Customer: (a) creates and grants to the Marina Company a Security Interest for the purposes purpose of the PPSA, as security for all amounts owing now or in the Vessel future, which is a continuing security despite any settlement of account or other matter or thing until a final discharge is given to Krannich Solar (where applicable), and that it waives the right to receive any verification statement relating to the security interest created in all equipment this Agreement; 10.2. it will do things necessary (such as obtaining consents and other materials stored signing documents) to enable Krannich Solar to register and perfect its security interest in the Space; (b) that the Marina Company may register Goods and its Security Interest on the PPSA Register and that the Customer shall do anything proceeds and, if requested of it by the Marina Company to enable the Marina Company to do so and ensure its Security Interest is perfected and otherwise enforceable under the PPSAKrannich Solar, with first priority; (c) warrants that it shall will not create or allow to be created any other Security Interest in the Vessel or any of its inventory or otherwise part with take possession of the Vessel Goods unless Krannich Solar has registered a financing statement designating a purchase money security interest over them; 10.3. not register a financing charge statement in the respect of security interest contemplated or constituted by this Agreement without Krannich Solar’s prior written consent, and will not create any security interest in the Goods, nor register or permit to be registered a financing statement or finance charge statement in relation to the Goods in favour of its inventory to any a third party without the Krannich Solar’s prior written consent consent; 10.4. Krannich Solar may appropriate (or re-appropriate despite any prior appropriation) moneys received in respect of the Marina CompanyCustomer at its absolute discretion towards any part of the amounts owing in this Agreement, including in order to maximise the extent to which it can have recourse to its security interest in the Goods held by the Customer; (d) that if Chapter 4 of the PPSA applies 10.5. to the enforcement of the Security Interest, to the maximum extent permitted by lawthe PPSA, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126127, 128, 129129(2) and (3), 130, 132(3)132, 132(4), 134(1), 134(2) 135, 142 and 143 of the PPSA, will PPSA do not apply to the enforcement of that Security Interest obligations owed between Krannich Solar and the Customer waives its right in accordance with this Agreement and the Customer has no rights under them; and 10.6. to receive promptly notify Krannich Solar of any notice under the PPSA so far as is permitted at law. 9.5. In support changes in writing of the Marina CompanyCustomer’s rights under this Agreement, details set out in the Customer charges its real and personal property with any amounts which are or may become owing to the Marina Company under this Agreement from time to time and shall sign any security documents requested by the Marina Company to give effect to the charge hereby created and appoints the Marina Company as its attorney to sign any documents for that purpose if the Customer fails to do so within a reasonable timeAccount.

PPSA. 9.18.1. This clause applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.28.2. The rights of the Marina Company CBBC under this Agreement are in addition to and not in substitution for the Marina CompanyCBBC’s rights under other law (including PPSA) and the Marina Company CBBC may choose whether to exercise rights under this Agreement, and/or under other law, as it sees fit. 9.38.3. The Customer Member acknowledges that if the Marina CompanyCBBC’s interest under this Agreement and any other related document(s), is a Security Interest for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.48.4. The Customer Member acknowledges that by this Agreement the CustomerMember: (a) creates and grants to the Marina Company CBBC a Security Interest for the purposes of the PPSA, in the Vessel and in all equipment and other materials stored in the Space; (b) that the Marina Company CBBC may register its Security Interest on the PPSA Register and that the Customer Member shall do anything requested of it by the Marina Company CBBC to enable the Marina Company CBBC to do so and ensure its Security Interest is perfected and otherwise enforceable under the PPSA, with first priority; (c) warrants that it shall not create or allow to be created any other Security Interest in the Vessel or any of its inventory or otherwise part with possession of the Vessel or any of its inventory to any third party without the written consent of the Marina CompanyCBBC; (d) that if Chapter 4 of the PPSA applies to the enforcement of the Security Interest, to the maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3), 132(4), 134(1), 135, 142 and 143 of the PPSA, will not apply to the enforcement of that Security Interest and the Customer Member waives its right to receive any notice under the PPSA so far as is permitted at law. 9.58.5. In support of the Marina CompanyCBBC’s rights under this Agreement, the Customer Member charges its real and personal property with any amounts which are or may become owing to the Marina Company CBBC under this Agreement from time to time and shall sign any security documents requested by the Marina Company CBBC to give effect to the charge hereby created and appoints the Marina Company CBBC as its attorney to sign any documents for that purpose if the Customer Member fails to do so within a reasonable time.

PPSA. 9.1. This clause If Krannich Solar determines, in its absolute discretion, that the PPSA applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.2. The rights of the Marina Company under this Agreement are in addition to and not in substitution for the Marina Company’s rights under other law (including PPSA) and the Marina Company may choose whether to exercise rights any transaction under this Agreement, and/or under other law, as the Customer agrees that: 9.1. it sees fit. 9.3. The Customer acknowledges that if grants a first ranking security interest and purchase money security interest in the Marina Company’s interest under this Agreement Goods and the proceeds arising in respect of any other related document(s), is a Security Interest dealings in the Goods for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.4. The Customer acknowledges that by this Agreement the Customer: (a) creates and grants to the Marina Company a Security Interest for the purposes purpose of the PPSA, as security for all amounts owing now or in the Vessel future, which is a continuing security despite any settlement of account or other matter or thing until a final discharge is given to Krannich Solar (where applicable), and that it waives the right to receive any verification statement relating to the security interest created in all equipment this Agreement; 9.2. it will do things necessary (such as obtaining consents and other materials stored signing documents) to enable Krannich Solar to register and perfect its security interest in the Space; (b) that the Marina Company may register Goods and its Security Interest on the PPSA Register and that the Customer shall do anything proceeds and, if requested of it by the Marina Company to enable the Marina Company to do so and ensure its Security Interest is perfected and otherwise enforceable under the PPSAKrannich Solar, with first priority; (c) warrants that it shall will not create or allow to be created any other Security Interest in the Vessel or any of its inventory or otherwise part with take possession of the Vessel Goods unless Krannich Solar has registered a financing statement designating a purchase money security interest over them; 9.3. not register a financing charge statement in the respect of security interest contemplated or constituted by this Agreement without Krannich Solar’s prior written consent, and will not create any security interest in the Goods, nor register or permit to be registered a financing statement or finance charge statement in relation to the Goods in favour of its inventory to any a third party without the Krannich Solar’s prior written consent consent; 9.4. Krannich Solar may appropriate (or re-appropriate despite any prior appropriation) moneys received in respect of the Marina CompanyCustomer at its absolute discretion towards any part of the amounts owing in this Agreement, including in order to maximise the extent to which it can have recourse to its security interest in the Goods held by the Customer; (d) that if Chapter 4 of the PPSA applies 9.5. to the enforcement of the Security Interest, to the maximum extent permitted by lawthe PPSA, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126127, 128, 129129(2) and (3), 130, 132(3)132, 132(4), 134(1), 134(2) 135, 142 and 143 of the PPSA, will PPSA do not apply to the enforcement of that Security Interest obligations owed between Krannich Solar and the Customer waives its right in accordance with this Agreement and the Customer has no rights under them; and 9.6. to receive promptly notify Krannich Solar of any notice under the PPSA so far as is permitted at law. 9.5. In support changes in writing of the Marina CompanyCustomer’s rights under this Agreement, details set out in the Customer charges its real and personal property with any amounts which are or may become owing to the Marina Company under this Agreement from time to time and shall sign any security documents requested by the Marina Company to give effect to the charge hereby created and appoints the Marina Company as its attorney to sign any documents for that purpose if the Customer fails to do so within a reasonable timeAccount.

PPSA. 9.1. This clause applies to 12.1 All terms defined in the extent that this Agreement provides for PPSA have the same meaning where capitalized in these Terms. 12.2 The Customer agrees and acknowledges that: (a) The Charge constitutes a Security Interest for insofar as it relates to the purposes of Customer’s presently owned and after acquired personal property, which may be registered by BMX on the PPSARegister. 9.2. The rights of the Marina Company under this Agreement are in addition to and not in substitution for the Marina Company’s rights under other law (including PPSAb) and the Marina Company may choose whether to exercise rights under this Agreement, and/or under other law, as it sees fit. 9.3. The Customer acknowledges that if the Marina Company’s interest under this Agreement and any other related document(s), is These Terms constitute a Security Interest Agreement for the purposes of the PPSA then and that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.4. The Customer acknowledges that by this Agreement the Customer: (a) creates and grants to the Marina Company a Security Interest for exists in all goods previously supplied by BMX to the purposes of the PPSACustomer which have not yet been paid for, in the Vessel and their proceeds (if any); and in all equipment future goods that may be supplied by BMX (and other materials stored in their proceeds) pursuant to these Terms, to the Space; (b) extent that the Marina Company may register its Security Interest on the PPSA Register and that the Customer shall do anything requested of it they are not paid for by the Marina Company to enable Customer, and in all products into which the Marina Company to do so goods are incorporated, processed or comingled (and ensure its Security Interest is perfected and otherwise enforceable under the PPSA, with first prioritytheir proceeds); (c) warrants that it shall not create or allow to be created any other Security Interest in The Customer contracts out of and waives its rights under the Vessel or any of its inventory or otherwise part with possession following provisions of the Vessel or any of its inventory to any third party without the written consent of the Marina Company; (d) that if Chapter 4 of the PPSA applies to the enforcement of the Security InterestPPSA, to the maximum extent permitted by lawpermitted, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3132(2), 132(3)(d), 132(4), 134(1134(2), 135, 142 and 136(3)-(5), 137(2), 138, 142, 143 of the PPSA, will not apply to the enforcement of that Security Interest and the Customer waives its right to receive any notice under the PPSA so far as (including notice of a verification statement) unless the notice is permitted at lawrequired by the PPSA and cannot be excluded; (d) Until BMX receives payment for the Debts, the Customer must not give BMX a written demand or allow any other person to give BMX a written demand requiring BMX to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA. 9.5. In support (e) It has received value as at the date of first delivery of the Marina Companygoods and has not agreed to postpone the time for attachment of the Security Interest granted to BMX under these Terms; (f) The Customer irrevocably grants to BMX the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if BMX has cause to exercise any of BMX’s rights under this Agreementsections 123 or 128 of the PPSA, and the Customer agrees to indemnify BMX from any claims made by any third party as a result of BMX exercising such right; (g) Pursuant to section 275(6) of the PPSA, the Customer charges its real and personal property with agrees it will not disclose to an interested person any amounts which are or may become owing to of the Marina Company under this Agreement from time to time and shall sign any security documents requested by matters described in section 275(1) of the Marina Company to give effect to the charge hereby created and appoints the Marina Company as its attorney to sign any documents for that purpose PPSA without prior written approval of BMX; and (h) if the Customer fails defaults in the performance of any obligation owed to do so within a reasonable timeBMX, BMX may enforce its Security Interest in any goods by exercising all or any of its right under these Terms, or the PPSA. 12.3 The Customer agrees that where BMX has rights in addition to those under part 4 of the PPSA, those rights will continue to apply.

PPSA. 9.18.1. This clause applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.28.2. The rights of the Marina Company CBBC under this Agreement are in addition to and not in substitution for the Marina CompanyCBBC’s rights under other law (including PPSA) and the Marina Company CBBC may choose whether to exercise rights under this Agreement, and/or under other law, as it sees fit. 9.38.3. The Customer Member acknowledges that if the Marina CompanyCBBC’s interest under this Agreement and any other related document(s), is a Security Interest for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.48.4. The Customer Member acknowledges that by this Agreement the CustomerMember: (a) creates and grants to the Marina Company CBBC a Security Interest for the purposes of the PPSA, in the Vessel and in all equipment and other materials stored in the Space; (b) that the Marina Company CBBC may register its Security Interest on the PPSA Register and that the Customer Member shall do anything requested of it by the Marina Company CBBC to enable the Marina Company CBBC to do so and ensure its Security Interest is perfected and otherwise enforceable under the PPSA, with first priority; (c) warrants that it shall not create or allow to be created any other Security Interest in the Vessel or any of its inventory or otherwise part with possession of the Vessel or any of its inventory to any third party without the written consent of the Marina CompanyCBBC; (d) that if Chapter 4 of the PPSA applies to the enforcement of the Security Interest, to the maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3), 132(4), 134(1), 135, 142 and 143 of the PPSA, will not apply to the enforcement of that Security Interest and the Customer Member waives its right to receive any notice under the PPSA so far as is permitted at law. 9.58.5. In support of the Marina CompanyCBBC’s rights under this Agreement, the Customer Member charges its real and personal property with any amounts which are or may become owing to the Marina Company CBBC under this Agreement from time to time and shall sign any security documents requested by the Marina Company CBBC to give effect to the charge hereby created and appoints the Marina Company CBBC as its attorney to sign any documents for that purpose if the Customer Member fails to do so within a reasonable time.. with exercising any of its rights pursuant to this Agreement including any costs of sale of Vessel or legal costs on an indemnity basis. Any excess monies recovered by the CBBC on disposal of the Vessel, after paying all monies owing by the Member to the CBBC and costs et cetera, will be returned to the Member, by posting to the last

PPSA. 9.18.1. This clause If Nexus determines, in its absolute discretion, that the PPSA applies to the extent that this Agreement provides for a Security Interest for the purposes of the PPSA. 9.2. The rights of the Marina Company under this Agreement are in addition to and not in substitution for the Marina Company’s rights under other law (including PPSA) and the Marina Company may choose whether to exercise rights any transaction under this Agreement, and/or under other law, as it sees fit. 9.3. The the Customer acknowledges that if the Marina Company’s interest under this Agreement and any other related document(s), is a Security Interest for the purposes of the PPSA then that Security Interest relates to the Personal Property and all Proceeds of any kind and this Agreement and any Contract is a security agreement for the purposes of the PPSA. 9.4. The Customer acknowledges that by this Agreement the Customeragrees that: (a) creates it grants a first ranking security interest and grants to purchase money security interest in the Marina Company a Security Interest Hire Equipment and the proceeds arising in respect of any dealings in the Hire Equipment for the purposes purpose of the PPSA, as security for all amounts owing now or in the Vessel future, which is a continuing security despite any settlement of account or other matter or thing until a final discharge is given to Nexus (where applicable), and that it waives the right to receive any verification statement relating to the security interest created in all equipment and other materials stored in the Spacethis Agreement; (b) that the Marina Company may register its Security Interest on the PPSA Register it will do things necessary (such as obtaining consents and that the Customer shall do anything requested of it by the Marina Company signing documents) to enable Nexus to register and perfect its security interest in the Marina Company to do so Hire Equipment and ensure its Security Interest is perfected and otherwise enforceable under proceeds and, if requested by Nexus, will not take possession of the PPSA, with first priorityHire Equipment unless Nexus has registered a financing statement designating a purchase money security interest over them; (c) warrants that it shall not register a financing charge statement in the respect of security interest contemplated or constituted by this Agreement without Nexus’ prior written consent, and will not create any security interest in the Hire Equipment, nor register or allow permit to be created any other Security Interest registered a financing statement or finance charge statement in relation to the Vessel or any Hire Equipment in favour of its inventory or otherwise part with possession of the Vessel or any of its inventory to any a third party without the Nexus’ prior written consent of the Marina Companyconsent; (d) that if Chapter 4 Nexus may appropriate (or re- appropriate despite any prior appropriation) moneys received in respect of the PPSA applies Customer in its absolute discretion towards any part of the amounts owing in this Agreement, including in order to maximise the extent to which it can have recourse to its security interest in the Hire Equipment held by the Customer; (e) to the enforcement of the Security Interest, to the maximum extent permitted by lawthe PPSA, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126127, 128, 129129(2) and (3), 130, 132(3)132, 132(4), 134(1), 134(2) 135, 142 and 143 of the PPSA, will PPSA do not apply to the enforcement of that Security Interest obligations owed between Nexus and the Customer waives its right in accordance with this Agreement and the Customer has no rights under them; and (f) to receive promptly notify Nexus of any notice under the PPSA so far as is permitted at law. 9.5. In support changes in writing of the Marina CompanyCustomer’s rights under this Agreement, details set out in the Customer charges its real and personal property with any amounts which are or may become owing to the Marina Company under this Agreement from time to time and shall sign any security documents requested by the Marina Company to give effect to the charge hereby created and appoints the Marina Company as its attorney to sign any documents for that purpose if the Customer fails to do so within a reasonable timeCredit Application.