PPSA. 10.1 We may register any actual or impending security interest (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. 10.2 You undertake to: (a) do anything that is required by Us (i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA; (b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and (c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent. 10.3 You : (a) waive Your right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under the Hire Agreement; (b) agree that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of : section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and (c) agree that the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137. 10.4 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information. 10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA. 10.6 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 3 contracts
Samples: Chiller Rental Agreement, Chiller Rental Agreement, Hire Agreement
PPSA. 10.1 12.1 We may register any actual or impending security interest (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.
10.2 12.2 You undertake to:
: (a) do anything that is required by Us (i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
; (b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
and (c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
10.3 . 12.3 You :
: (a) waive Your right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under the Hire Agreement;
; (b) agree that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of : section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
and (c) agree that the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
10.4 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 2 contracts
Samples: Hire Agreement, Hire Agreement
PPSA. 10.1 We may register any actual or impending security interest (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.
10.2 You undertake to:
(a) do anything The Customer warrants that is required by Us (i) so where any Hardware delivered to the Customer before ownership passes to the Customer includes Serial Numbered Property, it has provided Trident with the serial numbers that We acquire and maintain one or more perfected security interests under the PPSA Trident would require to make an effective registration against all such serial numbered property in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that Our security position, and rights and obligations, are not adversely affected by accordance with the PPSA;. The Customer must not change or remove the serial number of any serial numbered property after it has disclosed the relevant number to Trident.
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
10.3 You :
(a) waive Your The Customer waives its right under section 157 of the PPSA to receive a copy notice of any verification statement.
(c) Trident and the Customer agree with each other not to disclose information of the verification statement relating kind mentioned in section 275(1) of the PPSA, except in circumstances required by sections 275(7)(b) to a security interest created (e) of the PPSA. The Customer agrees that it will only authorise the disclosure of information under section 275(7)(c) or request information under section 275(7)(d) if Trident approves. Nothing in this clause will prevent any disclosure by Trident if it believes it is necessary to comply with its other obligations under the Hire Agreement;PPSA.
(bd) agree that to To the extent permitted by that it is not inconsistent with clause 18(c) constituting a “confidentiality agreement” for the purposes of section 275(6)(a) of the PPSA, the following provisions Customer agrees that Trident may disclose information of the kind mentioned in section 275(1) of the PPSA will not apply and are contracted out of : section 95 (to the extent that it requires Trident is not doing so in response to a request made by an “interested person” (as defined in section 275(9) of the secured party PPSA) pursuant to give notices to section 275(1) of the grantor); section 96; section 118 PPSA.
(to e) To the extent that it allows a secured party Chapter 4 of the PPSA would otherwise apply to give notices to an enforcement by Trident of any PPS Security Interest provided for by this Agreement, Trident and the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(c) Customer agree with each other that the following provisions of the PPSA will do not apply apply:
(i) to the extent that section 115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and You will have no rights under them143; and
(ii) in addition, to the extent that section 115(7) of the PPSA allows them to be excluded: section sections 127; section , 129(2) and (3); section 130(1); section , 132; section , 134(2); section , 135; section , 136(3), (4136(4), 136(5) and (5) and section 137.
10.4 Unless otherwise agreed and (f) If section 115(1) of the PPSA does not allow section 125 of the PPSA to be excluded, the Customer agrees that at any time after any PPS Security Interest provided for by this Agreement has become enforceable, Trident may delay disposing of, or taking action to retain, the whole or part of the collateral to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above informationlaw.
10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 2 contracts
Samples: General Terms for Notebook Programs, General Terms Agreement
PPSA. 10.1 We may register any actual or impending security interest a) You acknowledge that these terms create a Security Interest in the Secured Property and, for avoidance of doubt, the proceeds of sale of the Secured Property for the purposes of the PPSA.
b) You consent to us effecting a registration on the PPSR (in any manner We that we consider appropriate) in relation to any security interest contemplated the Security Interest arising under or constituted in connection with these terms and you agree to provide all assistance required by this Hire Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipmentus to facilitate this.
10.2 You undertake to:
(a) do anything that is required by Us (i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement You acknowledge and agree that in relation to the Equipment part of the Secured Property that is inventory, you will not allow any Security Interest to arise in favour respect of a third party without Our that Secured Property unless we have perfected the Security Interest in the Secured Property prior written consentto your possession of the Secured Property.
10.3 You :
(ad) waive Your right under section 157 If Chapter 4 of the PPSA applies to receive a copy the enforcement of the verification statement relating to a security interest created Security Interest arising under the Hire Agreement;or in connection with these terms, you agree:
(bi) agree that to the extent permitted by that section 115(1) of the PPSAPPSA allows this, the following provisions of the PPSA will not apply and are contracted out to the enforcement of that Security Interest: section 95 to the extent that it requires us to give a notice to you, section 96, section 121(4), section 125 (obligation to dispose of or retain collateral), section 130 to the extent that it requires the secured party Secured Party to give notices notice to the grantoryou, paragraph 132(3)(d), subsection 132(4), section 142 and section 143 (reinstatement of security agreement); section 96; section 118 (and
ii) to the extent that it section 115(7) of the PPSA allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(c) agree that this, the following provisions of the PPSA will not apply and You will have no rights under themto the enforcement of that Security Interest: section 127; , section 129(2) and (3); section 130(1); , section 132; , section 134(2); , section 135; , section 136(3), (4) and (5) and section 137.
10.4 Unless otherwise agreed e) If you make payments to us at any time whether in connection with these terms or otherwise, we may in our absolute discretion, apply that payment in any manner we see fit.
f) You agree to immediately notify us of any changes to your name or address.
g) You agree to do anything that we request you to do (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed):
i) to provide more effective security over the extent permitted Secured Property;
ii) to register in respect of a Security Interest constituted by these terms at any time;
iii) to enable us to exercise our rights in connection with the Secured Property; and
iv) to show us whether you have complied with these terms.
h) You shall pay on demand any losses arising from, and any costs and expenses incurred in connection with any action taken by us under or in relation to the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested personincluding any registration, or any other person requested by response to an interested person. You waive any right You may haveamendment, demand or but for this clause may have had, a request under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 For the purposes of section 20(2) 275 of the PPSA, the collateral is Equipment including any Equipment .
i) Any notices or documents which is described in any Hire Schedule provided by Us are required or permitted to You from time be given to time. This Hire Agreement is a security agreement us for the purposes of the PPSA must be given in accordance with the PPSA.
10.6 j) You agree waive the right to notify Us in writing receive any notice under the PPSA (including notice of any change to Your details set out in a verification statement) unless the Credit Application, within 5 days from notice is required by the date of such changePPSA and cannot be excluded.
Appears in 2 contracts
Samples: Terms of Sale, Terms of Sale
PPSA. 10.1 We may You consent to Us affecting and maintaining a registration on the register any actual or impending security interest (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.
10.2 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.
10.2 10.3 You undertake to:
(a) do anything (in each case, including executing any new document or providing any information) that is required by Us Us
(i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, ;
(ii) to register a financing statement or financing change statement and statement; and
(iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
10.3 You 10.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with this Hire Agreement and:
(a) waive Your right under section 157 115(1) of the PPSA to receive a copy PPS Act allows for the contracting out of provisions of the verification statement relating to a security interest created under the Hire Agreement;
(b) agree that to the extent permitted by the PPSAPPS Act, the following provisions of the PPSA PPS Act will not apply and are contracted out of : section You will have no rights under them – ss 95 (to the extent that it requires the secured party to give notices to the grantor); section , 96; section , 118 (to the extent that it allows a secured party to give notices to the grantor); section , 121(4); section , 125; section , 130; section , 132(3)(d); section , 132(4); section , 135; section , 142 and section 143; and
(cb) agree that section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPSA PPS Act will not apply and You will have no rights under them: section them – ss 127; section , 129(2) and (3); section , 130(1); section , 132; section , 134(2); section , 135; section , 136(3), (4) and (5) and section 137.
10.4 10.5 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA PPS Act to authorise the disclosure of the above this information.
10.5 10.6 For the purposes of section 20(2) of the PPSAPPS Act, the collateral is Equipment including any Equipment which is described in any Hire Schedule Quotation provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSAPPS Act.
10.6 10.7 We may apply amounts received in connection with this Hire Agreement to satisfy obligations secured by a security interest contemplated or constituted by this Hire Agreement in any way We determine in Our absolute discretion.
10.8 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 2 contracts
Samples: Hire Agreement, Hire Agreement
PPSA. 10.1 We may a. This Hire Agreement is a security agreement for the purposes of the PPSA.
b. You consent to Us effecting and maintaining a registration on the register any actual or impending security interest (in any manner We consider appropriate) appropriate in relation to any security interest contemplated granted in or constituted by this Hire Agreement Agreement:
i. in Your present and after acquired personal property and the proceeds arising in respect of any dealing in such property; and/or
ii. in the Equipment and the proceeds arising in respect of any dealing in the Equipment.
10.2 c. You undertake to:
(a) do anything that is required by Us (i) so agree that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to may at any time register a financing statement or financing change statement in respect of such 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 by Us on the register of such a security interest.
d. You agree to do anything and (sign any documents and provide all assistance and information required by Us to:
i. facilitate the registration and maintenance by Us of any security interest on the register;
ii. acquire and maintain a perfected security interest under the PPSA in respect of Your present and after acquired personal property and/or the Equipment and the proceeds arising in respect of any dealing in such property;
iii) to . ensure that Our security position, and rights and obligations, Our security and priority position are not adversely affected by the PPSA;.
(b) e. You agree to not register or permit to be registered a financing change statement in respect of a security interest contemplated granted in or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement including in relation to the Equipment in favour of a third party Equipment) without Our prior written consent.
10.3 You :
(a) waive Your right under section 157 f. If Chapter 4 of the PPSA would otherwise apply to receive a copy the enforcement of the verification statement relating to a security interest created under granted in or constituted by this Hire Agreement and:
i. section 115(1) of the Hire Agreement;
(b) agree that to PPSA allows for the extent permitted by contracting out of provisions of the PPSA, the following provisions of the PPSA will not apply and are contracted out of You will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(cii. section 115(7) agree that of the PPSA allows for the contracting out of provisions of the PPSA, the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
10.4 Unless otherwise agreed and to the extent permitted by the PPSA, g. You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act PPSA to an interested any other person, or any other person requested to the extent permitted by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 You agree h. PPSA means the Personal Property Securities Xxx 0000 and any other legislation and regulations in respect of it and the following words in this Agreement have the meanings given to notify Us in writing of any change to Your details set out them in the Credit ApplicationPPSA: financing change statement, within 5 days from the date of such changefinancing statement, interested person, purchase money security interest, register, registration, security agreement, security interest and verification statement.
Appears in 1 contract
Samples: Hire Agreement
PPSA. 10.1 We may register any actual or impending security interest (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.
10.2 You undertake to:
(a) do anything that is required by Us (i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of Terms of Hire the Equipment and its proceeds, (ii) to register a financing statement or financing change statement and (iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
10.3 You :
(a) waive Your right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under the Hire Agreement;
(b) agree that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of : section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(c) agree that the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
10.4 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 1 contract
Samples: Hire Agreement
PPSA. 10.1 We may You consent to Us affecting and maintaining a registration on the register any actual or impending security interest (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.
10.2 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.
10.2 10.3 You undertake to:
(a) do anything (in each case, including executing any new document or providing any information) that is required by Us Us
(i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, ;
(ii) to register a financing statement or financing change statement and statement; and
(iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour favor of a third party without Our prior written consent.
10.3 You 10.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with this Hire Agreement and:
(a) waive Your right under section 157 115(1) of the PPSA to receive a copy PPS Act allows for the contracting out of provisions of the verification statement relating to a security interest created under the Hire Agreement;
(b) agree that to the extent permitted by the PPSAPPS Act, the following provisions of the PPSA PPS Act will not apply and are contracted out of : section You will have no rights under them – ss 95 (to the extent that it requires the secured party to give notices to the grantor); section , 96; section , 118 (to the extent that it allows a secured party to give notices to the grantor); section , 121(4); section , 125; section , 130; section , 132(3)(d); section , 132(4); section , 135; section , 142 and section 143; and
(cb) agree that section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPSA PPS Act will not apply apply, and You will have no rights under them: section them – ss 127; section , 129(2) and (3); section , 130(1); section , 132; section , 134(2); section , 135; section , 136(3), (4) and (5) and section 137.
10.4 10.5 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA PPS Act to authorise the disclosure of the above this information.
10.5 10.6 For the purposes of section 20(2) of the PPSAPPS Act, the collateral is Equipment including any Equipment which is described in any Hire Schedule Quotation provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSAPPS Act.
10.6 10.7 We may apply amounts received in connection with this Hire Agreement to satisfy obligations secured by a security interest contemplated or constituted by this Hire Agreement in any way We determine in Our absolute discretion.
10.8 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
Appears in 1 contract
Samples: Hire Agreement
PPSA. 10.1 8.1 We may register any actual or impending security interest (in any manner We mannerWe 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.
10.2 (a) You undertake to:
(a) do anything that is required by Us (i) so that We acquire and maintain one or oneor more perfected security interests under the PPSA in respect of the Equipment and its proceeds, (ii) to register a financing statement or financing change statement statement, and (iii) to ensure that Our security position, ,and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated interestcontemplated or constituted by this Hire Agreement without Our prior written consentwrittenconsent; and
(c) not create or purport to create any security interest in the Equipment, nor or register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our withoutOur prior written consent.
10.3 8.2 You :
(a) waive Your right under section 157 of the PPSA to receive a copy of the verification theverification statement relating to a security interest created under the Hire Agreement;
(b) agree that to the extent permitted by the PPSA, the following provisions of the ofthe PPSA will not apply and are contracted out of of: section 95 (to the extent that it requires the secured party to give notices to the grantor); section grantor);section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 130;section 132(3)(d); section 132(4); section 135; section 142 and section 143; and143;and
(c) agree that the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 3);section 130(1);section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
10.4 8.3 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by requestedby an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 8.4 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided Scheduleprovided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 8.5 You agree to notify Us in writing of any change to Your details set out in the inthe Credit Application, within 5 days from the date of such change.
Appears in 1 contract
Samples: Hire Agreement
PPSA. 10.1 We may register any actual or impending security interest (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.
10.2 You undertake to:
(a) do anything that is required by Us Us:
(i) so that We acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds, ;
(ii) to register a financing statement or financing change statement and statement; and
(iii) to ensure that Our security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without Our prior written consent; and
(c) not create or purport to create any security interest in the Equipment, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without Our prior written consent.
10.3 You You:
(a) waive Your right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under the Hire Agreement;
(b) agree that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of of: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(c) agree that the following provisions of the PPSA will not apply and You will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
10.4 Unless otherwise agreed and to the extent permitted by the PPSA, You and We agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right You may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
10.5 For the purposes of section 20(2) of the PPSA, the collateral is Equipment including any Equipment which is described in any Hire Schedule provided by Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the PPSA.
10.6 You agree to notify Us in writing of any change to Your details set out in the Credit Application, within 5 days from the date of such change.
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Samples: Hire Agreement