Common use of PPSA Clause in Contracts

PPSA. (a) This clause applies to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document constitutes a security agreement in writing covering the Equipment for the purposes of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 2 contracts

Samples: Hire Agreement, Hire Agreement

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PPSA. 32.1 You agree to immediately notify CNH Industrial Capital in writing if you change your name or address or if there are any changes to any of the data relevant to a financing statement under the PPSA in respect of this Agreement, including (a) This clause applies but not restricted to), any of the information in the Loan and Mortgage Schedule. 32.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Agreement (even before that Security Interest starts). 32.3 You agree that CNH Industrial Capital has a Security Interest in the Goods, securing the amount owing by you to the extent CNH Industrial Capital under this Agreement and that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation Security Interest extends to any “security interest” proceeds (as defined in the PPSA) of the Goods. 32.4 You agree to promptly do anything (for example obtaining consents, signing documents, having others sign documents, supplying information, and entering into a subordination or priority agreement with any other secured party) which CNH Industrial Capital asks to: (a) ensure that the Security Interest created under this Agreement.Agreement is perfected and otherwise effective; (b) This document constitutes a security agreement assist CNH Industrial Capital to exercise any right in writing covering connection with the Equipment for the purposes of the PPSASecurity Interest. 32.5 If you also acquire a Security Interest in the Goods (cfor example, if you sublease them, even without consent), you must take all steps necessary to: (a) The Equipment referred to obtain the highest ranking priority possible in this Agreement, is respect of that Security Interest (such as duly perfecting a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (iib) reduce as far as possible the risk of a third party acquiring an interest in relation the Goods free of CNH Industrial Capital's Security Interest or your Security Interest. 32.6 You agree that any exercise by CNH Industrial Capital of its rights to section enforce any Security Interest in the Goods necessarily also involves an exercise of all intellectual property rights relating to the Goods. 32.7 You certify that the Goods will be held by you in the furtherance of an enterprise to which an Australian business number has been allocated. 32.8 You waive any right you may have at any time (including under s157 of the PPSA) to receive a copy of a verification statement or other notice contemplated in the PPSA. 32.9 You waive your right to receive anything from CNH Industrial Capital under s275 of the PPSA, and agree not to make any request of CNH Industrial Capital under that section. You agree with CNH Industrial Capital for the purposes of s275(6)(a) of the PPSA that neither it nor you will disclose any information of the kind mentioned in s275(1) of the PPSA (except as provided for in s275(7)). 32.10 You authorise and request CNH Industrial Capital pursuant to s275(7)(c) of the PPSA to obtain from the holder of any other Security Interest in the Goods any of the information referred to in s275(1) of the PPSA relevant to that Security Interest. 32.11 Pursuant to s115 of the PPSA, you and CNH Industrial Capital contract out of each provision of the PPSA which s115 permits, except sections 123, 126, 128, 134(1) and 135. (However, sections 123, 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition do not apply to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment extent that they would derogate from a right provided for in the manner specified in those sections but also under this Agreement in any other manner it deems fiton the part of CNH Industrial Capital). (h) The Hirer waives its 32.12 To the extent permitted by law, you agree that CNH Industrial Capital owns, and you waive any rights you may have to, anything installed in or affixed to receive a verification statement in relation to registration events in respect of commercial property the Goods, including any rights you might otherwise have under section 157 Part 3.3 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 2 contracts

Samples: Loan and Mortgage Agreement, Loan and Mortgage Agreement

PPSA. (a) This clause applies In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document constitutes The parties acknowledge that this Agreement may constitute a security agreement Security Interest in writing covering the Equipment for the purposes favour of the PPSA.DMF Engineering Pty Ltd. (c) The Equipment referred to If DMF Engineering Pty Ltd determines that this Agreement (or a transaction in this Agreementconnection with it) is or contains a Security Interest, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer Supplier agrees to do anything (such as including obtaining consents consents, signing and signing producing documents, getting documents completed and signed and supplying information) which the Owner requires DMF Engineering Pty Ltd asks and considers necessary for the purposes of: (i) ensuring that the Owner’s security interest Security Interest is enforceable, perfected and otherwise effective under the PPSAeffective; (ii) enabling DMF Engineering Pty Ltd to apply for any registration, complete any Financing Statement or give any notification, in connection with the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, andSecurity Interest; or (iii) enabling the Owner DMF Engineering Pty Ltd to exercise rights in connection with the security interestSecurity Interest. (d) DMF Engineering Pty Ltd is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltd’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty Ltd’s Personal Property. (f) The OwnerSupplier must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltd); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd has an Security Interest in; (iii) give possession of the Supplier’s rights under this Agreement are in addition Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property to and another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltd’s Personal Property to become an Accession to or Commingled with any asset that is not in substitution for part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, new name or under such other law, as it choosesrelocate its principal place of business outside Australia or change its place of registration or incorporation. (g) The following provisions of Everything the PPSA Supplier is required to do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fitclause is at the Supplier’s expense. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of Neither DMF Engineering Pty Ltd nor the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must Supplier will disclose information of the kind that can be requested under mentioned in section 275(1) of the PPSA and the Supplier will not authorise, and will ensure that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

PPSA. (a) This 10.1. Unless otherwise defined in these terms and conditions, the capitalised words and expressions used in this clause applies have the meanings given to the extent that them in the Personal Property Securities Xxx 0000 Act 2009 (Cth) (“PPSA”) operates ). 10.2. You acknowledge and agree to grant us a Security Interest in relation the Equipment and its Proceeds, including any Accounts and Accessions, by virtue of clause 8 above. 10.3. You acknowledge that any retention of title supply pursuant to any “security interest” (this subscription attaches upon delivery of the Equipment and constitutes a Purchase Money Security Interest as defined in the PPSA) under . 10.4. You agree that: 10.4.1. the terms and conditions in this clause, and, subject to us giving you at least 30 days’ notice, such other terms and conditions as we may adopt from time to time, apply to the supply of Equipment by us to you, to the exclusion of all other terms and conditions of sale or purchase to the extent permitted by law and constitute a Security Agreement pursuant to the PPSA; 10.4.2. no variation to this clause will be of any effect unless we agree in writing; 10.4.3. the Equipment supplied by us secures the payment of the subscription price of that Equipment and of any other goods we supply with priority to the fullest extent permitted by law over all other registered or unregistered Security Interests; 10.4.4. you will do all things necessary in our reasonable opinion, including providing all information we require, to enable us to register a Financing Statement or Financing Change Statement on the Register as a Security Interest and/or a Purchase Money Security Interest; 10.4.5. you will not change your name or ABN or other details required in respect of registration, or maintenance of registration, of each Security Interest on the Register without first providing us with three days’ notice in writing. 10.4.6. you waive your right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement in respect of any Security Interest created pursuant to this Agreement; 10.4.7. you must pay our costs of any discharge or necessary amendment of any Registration. (b10.5. If the provisions of Chapter 4 of the PPSA would otherwise apply, to the maximum extent permitted by law, you agree that you have contracted out of the rights available to you pursuant to sections 129(3), 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPSA, and that the rights in those sections available to you will not apply. 10.6. To the maximum extent permitted by law, you agree that you have contracted out of, and waive any rights you may have pursuant to, sections 95 and 96, and if the provisions of Chapter 4 of the PPSA would otherwise apply, you agree that you have contracted out of, and waive any rights you may have pursuant to sections 117, 118, 121(4), 123, 129(2) This document constitutes a security agreement in writing covering the Equipment for the purposes and 130 of the PPSA. (c) The Equipment referred 10.7. In addition to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of we may exercise any and all remedies set out in the PPSA do not apply andincluding, without limitation, entry into any building or premises owned, occupied or used by you, to search for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personaland seize, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those respect to which we have a Security Interest. In this regard you acknowledge our rights pursuant to sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA126, the Owner 128 and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1129(1) of the PPSA. (j) The sale or on-hire 10.8. You agree with us that neither of Equipment is not permitted to us will disclose any related entity confidential information of the Hirer (as defined by kind referred to in section 9 275(1) of the Corporations Act 2001PPSA and that this clause 10.8 constitutes a ‘confidentiality Agreement’ within the meaning of section 275(6)(a) or of the PPSA. 10.9. You waive any entity rights you may have under section 275(7)(c) of the PPSA to authorise disclosure of any confidential information that is associated withprotected from disclosure under clause 10.8. 10.10. You appoint and authorise us as your attorney to sign in your name all documents which we reasonably consider necessary to enforce or protect our rights and powers under this clause and to protect, controls, or is controlled by preserve and enforce our rights under the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestPPSA.

Appears in 2 contracts

Samples: Equipment Rental Agreement, Equipment Rental Agreement

PPSA. (a) This clause applies In this clause, collateral, financing statement, financing change statement, security agreement, and security interest have the meaning given to them by the extent that the Personal Property Securities Xxx 0000 (Cth) (PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement). (b) This document Upon assenting to this Agreement you acknowledge and agree that this Agreement constitutes a security agreement in writing covering the Equipment for the purposes of the PPSAPPSA and creates a security interest in all of your personal property (tangible or intangible) that you have an interest in at the time of assent, as well as property (tangible or intangible) acquired by you after the assent is made to secure the payment of our fees or any other amount owing under this Agreement from time to time. (c) The Equipment referred to in this Agreement, is a We may register the security interest and a “purchase money security interest” on the Personal Property Securities Register (“PMSI”PPSR) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, You agree that in addition, to accordance with section 125(3) of the extent possible under PPSA, that all Equipment which is at any time subject we may delay disposing or taking action to retain the Owner’s security interest, secures as a PMSI the interest whole or part of the Owner as either Xxxxxx or Lessor (as collateral beyond the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreementreasonable period. (e) The Hirer agrees You agree that in accordance with section 275 of the PPSA, neither party is required to do anything provide interested persons with information relating to our security interest, unless required under the general law. (such as obtaining consents f) You agree and signing documents) which the Owner requires for the purposes ofundertake: (i) ensuring that to sign any documents and/or provide further information reasonably required by us to register any financing statement or financing change statement on the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSAPPSR; (ii) enabling to indemnify us for all expenses and/or costs incurred by us in registering any financing statement or financing change statement on the Owner to gain first priority (or PPSR including the costs of amending, maintaining, releasing, and enforcing any other priority agreed to by security interest in the Owner in writing) for its security interest, andcollateral; (iii) enabling not to register and/or make a demand to alter a financing statement in the Owner to exercise rights in connection with the security interest.collateral without our prior written consent; (fiv) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under provide us with 7 days’ Written Notice of any other law change or proposed change to your name (including PPSA) and the Owner may choose whether to exercise rights under this Agreementcompany name if applicable), address, contact details, or under such other law, changes in your details as it chooses.registered on the PPSR; (gv) The following provisions in accordance with section 115 of the PPSA do not apply andPPSA, for the purposes to contract out of section 115 are “contracted out” of this Agreement in respect of Equipment that is enforcement provisions relating to collateral not used predominately predominantly for personal, domestic domestic, or household purposes:; (ivi) in accordance with sections 95 142 and 143 of the PPSA, to waive your rights as a grantor and/or debtor; (notice vii) in accordance with section 144 of removal the PPSA, to waive any rights to receive notices under sections 95, 118, 121, 130, 132 or 135 of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract)PPSA; and (iiviii) in relation to accordance with section 128 (secured party may dispose 157 of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of waive any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSAstatement. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

PPSA. (a) This clause applies to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “our interest under this Agreement is a ‘security interest’ for the purposes of the PPS Law (as defined in PPSA) under this AgreementSecurity Interest). (b) This document constitutes We may register any actual impending or likely Security Interest. You may not make a security agreement claim or demand against us for any loss or liability action of any kind in writing covering the Equipment for the purposes respect of the PPSA. (c) The Equipment referred to in this Agreementany registration, even if it is determined that we should not have made a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirerregistration . This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to You must do anything (such as obtaining consents and signing documents) which the Owner requires we require for the purposes of: (i) of ensuring that the Owner’s security interest our Security Interest is enforceable, perfected perfected, first in priority and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interestPPS Law. (fc) The Owner’s Our rights under this Agreement are in addition to and not in substitution for the Owner’s our rights under any other law (including PPSAthe PPS Law) and the Owner we may choose whether to exercise rights under this Agreement, or and/or under such other law, as it chooseswe see fit. (gd) The following provisions to the extent that Chapter 4 of the PPSA do not PPS Law applies to any Security Interest under this Agreement, you agree to waive any period of, or right to notice that, would otherwise apply and, for the purposes of section 115 are “contracted out” of this Agreement under Chapter 4 in your favour in respect of Equipment that is not used predominately for personal, domestic or household purposes:enforcement by us. (ie) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in In addition to the Owner’s any rights under PPSAChapter 4 you agree that we shall, the Owner shall if there is a default by you, have the power right to seize purchase, take possession or apparent possession, retain, deal with or dispose of any Equipment in the manner specified in those sections goods, not only under Chapter 4 but also also, as additional and independent rights, under this Agreement and you agree that we may do so in any other manner it deems we see fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. (hf) The Hirer waives its You waive your rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSAPPS Law. This waiver also extends to any verification statement in respect of Security Interests arising or provided for under the security documents prior to the date of this Agreement. (ig) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner We and the Hirer you agree that neither party must not to disclose information of the kind that can be requested under section 275(1) of the PPSAPPS Law. You must do everything necessary on your part to ensure that section 275(6)(a) of the PPS Law continues to apply. This sub-clause is made solely for the purpose of allowing to us, the benefit of section 275(6)(a) and we shall not be liable to pay damages or any other compensation for breach of this sub-clause. (h) You must not dispose or purport to dispose of, or create or purport to create or permit to be created any Security Interest in the Equipment other than with our written consent. You must not lease, hire, bail or give possession (Sub-hire) the Equipment to anyone else unless we (in our absolute discretion) first consent in writing. If we do consent any such Sub-hire must be in writing in a form acceptable to us and must be expressed to be subject to our rights under this Agreement. You may not vary a Sub-hire without our prior written consent (which may be withheld in our absolute discretion) (i) You must ensure that we are provided at all times with up-to-date information about the Sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the Sub-hire and the location and condition of the Equipment (j) The sale You must take all steps (including registration under PPS Law) as may be required by us; (i) to ensure that any Security Interest arising under or onin respect of the Sub-hire of Equipment is not permitted enforceable, perfected and otherwise effective under the PPS Law; (ii) enabling you to any related entity of the Hirer gain (as defined by section 9 of the Corporations Act 2001subject always to our rights) first priority (or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has other priority agreed to receive by us in writing) for the Equipment subject Security Interest; and (iii) enabling us and you to exercise our respective rights in connection with the Owner’s security interestSecurity Interest. (k) to assure performance of your obligations under this clause, you hereby give us an irrevocable power of attorney to do anything we consider necessary to protect our interest in the Equipment. We may recover from you the cost of doing anything under this clause, including registration fees

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

PPSA. 10.1 You consent to Us affecting and maintaining a registration on the register (ain any manner We consider appropriate) This clause applies to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates 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” (as defined in PPSA) under this Agreement. (b) This document constitutes 10.2 We may at any time register a security agreement financing statement or financing change statement in writing covering the Equipment for the purposes respect of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “(including any purchase money security interest” (“PMSI”) ). You waive the right to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (receive notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to any registration events on the register of a security interest in respect of commercial property under section 157 of the PPSAEquipment. 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 (i) Solely for so that We acquire and maintain one or more perfected security interests under the purpose PPSA in respect of allowing the Owner 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 benefit 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 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. 10.4 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) section 275(6115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them – ss 95 (to the extent that it requires the secured party to give notices to the grantor), 96, 118 (to the extent that it allows a secured party to give notices to the grantor), 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143; and (b) section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them – ss 127, 129(2) and (3), 130(1), 132, 134(2), 135, 136(3), (4) and (5) and 137. 10.5 Unless otherwise agreed and to the extent permitted by the PPSA, the Owner You and the Hirer We agree that neither party must not to disclose information of the kind that can be requested under referred to in section 275(1) of the PPSAPPS 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 PPS Act to authorise the disclosure of this information. (j10.6 For the purposes of section 20(2) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined PPS Act, the collateral is Equipment including any Equipment which is described in any Quotation provided by section 9 Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the Corporations Act 2001) PPS Act. 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 entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented 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 sale or on-hire and Credit Application, within 5 days from the buyer has agreed to receive the Equipment subject to the Owner’s security interestdate of such change.

Appears in 2 contracts

Samples: Hire Agreement, Hire Agreement

PPSA. 10.1 You consent to Us affecting and maintaining a registration on the register (ain any manner We consider appropriate) This clause applies to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates 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” (as defined in PPSA) under this Agreement. (b) This document constitutes 10.2 We may at any time register a security agreement financing statement or financing change statement in writing covering the Equipment for the purposes respect of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “(including any purchase money security interest” (“PMSI”) ). You waive the right to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (receive notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to any registration events on the register of a security interest in respect of commercial property under section 157 of the PPSAEquipment. 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 (i) Solely for so that We acquire and maintain one or more perfected security interests under the purpose PPSA in respect of allowing the Owner 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 benefit 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 register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favor of a third party without Our prior written consent. 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) section 275(6115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and You will have no rights under them – ss 95 (to the extent that it requires the secured party to give notices to the grantor), 96, 118 (to the extent that it allows a secured party to give notices to the grantor), 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143; and (b) section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply, and You will have no rights under them – ss 127, 129(2) and (3), 130(1), 132, 134(2), 135, 136(3), (4) and (5) and 137. 10.5 Unless otherwise agreed and to the extent permitted by the PPSA, the Owner You and the Hirer We agree that neither party must not to disclose information of the kind that can be requested under referred to in section 275(1) of the PPSAPPS 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 PPS Act to authorise the disclosure of this information. (j10.6 For the purposes of section 20(2) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined PPS Act, the collateral is Equipment including any Equipment which is described in any Quotation provided by section 9 Us to You from time to time. This Hire Agreement is a security agreement for the purposes of the Corporations Act 2001) PPS Act. 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 entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented 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 sale or on-hire and Credit Application, within 5 days from the buyer has agreed to receive the Equipment subject to the Owner’s security interestdate of such change.

Appears in 1 contract

Samples: Hire Agreement

PPSA. 25.1 Where You are entitled to payment of any part of the Contract Price prior to delivery of the Goods, You: (a) This clause applies must before that payment is made, provide to the extent that Principal security for such payment in the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement.form of an unconditional financial undertaking from a financial institution approved by the Principal for the amount of such payment; and (b) This document constitutes on submission of a tax invoice to the Principal, grant a security agreement interest over the Goods in writing covering favour of the Equipment Principal to secure the performance by You of Your obligations under this Contract (whether past, present or future) and the payment of any Claim by the Principal against You in connection with this Contract. 25.2 You must not take any steps to injunct or otherwise prevent the issuer of any financial undertaking issued in accordance with this clause from paying the Principal pursuant to the undertaking or the Principal in taking any steps to obtain or receive payment under the undertaking. A financial undertaking issued in accordance with this clause must be released within 5 Business Days after delivery of the relevant Goods to the Delivery Point, provided that You agree that, where there exists any dispute in relation to an underlying Claim providing the Principal with a right to receive payment under the financial undertaking, the Principal will receive and keep for its own purposes the proceeds received under the financial undertaking pending the determination of the dispute. 25.3 You acknowledge that the Principal may register a financing statement in relation to the Principal's security interest and You must do anything (including producing any document, supplying information and executing any document) which the Principal requests for the purposes of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s Principal's security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) effective, enabling the Owner Principal to gain first priority (apply for any registration or to give any other priority agreed to by the Owner in writing) for its security interestnotification, and (iii) and enabling the Owner Principal to exercise any rights in connection with the Principal's security interest. . You waive Your rights to receive any notice under section 157 of the PPS Act. You and the Principal agree not to disclose information of the kind mentioned in section 275(1) of the PPS Act (funless required by sections 275(7)(b) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSAe)) and You agree not to authorise the Owner may choose whether disclosure under section 275(7)(c) or to exercise rights request information under section 275(7)(d) without the Principal's approval. To the extent that it is not inconsistent with this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, clause constituting a "confidentiality agreement" for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6275(6)(a) of the PPSAPPS Act, the Owner and the Hirer agree Principal agrees that neither party must You may disclose information of the kind that can be requested under mentioned in section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is PPS Act to the extent that You are not permitted doing so in response to any related entity of the Hirer a request made by an "interested person" (as defined by in section 9 275(9) of the Corporations PPS Act) pursuant to section 275(1) of the PPS Act. 25.4 If You default in the timely performance of Your obligations, the Principal may, without prejudice to any other enforcement right, enter immediately onto Your premises and take possession of any Goods. The Principal may, in its absolute discretion, retain, use or sell any Goods it repossesses. The Principal and You agree that sections 125, 129(2), 129(3), 134(2) and 137 of the PPS Act 2001) does not apply. This clause does not limit the Principal's rights or any entity Your obligations under other provisions of this Contract. Terms used in this clause 25 which are defined in the PPS Act have the meaning given in that Act. 25.5 The Principal and You acknowledge and agree that it is associated with, controlsnot intended that the Principal grant a security interest to You in connection with the Goods or otherwise in connection with this Contract. In the event a security interest in Your favour arises, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented alleged to arise, You agree that You must not register a financing statement in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s connection with such security interest.

Appears in 1 contract

Samples: Supply of Goods Agreement

PPSA. (a) This clause applies to the extent that 8.1 In this clause, PPSA means the Personal Property Securities Xxx 0000 Act 2009 (Cth). If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause. 8.2 To secure the prompt payment of all amounts owed by the Buyer to the Supplier, the Buyer grants to the Supplier: (a) (“PPSA”) operates in relation to any “A purchase money security interest” (interest as defined in PPSA) under this Agreement.the PPSA over all items supplied by the Supplier to the Buyer where payment has not been made by the Buyer to the Supplier; (b) This document constitutes A security over all present and future property of the Buyer in relation to which the Buyer can be grantor of a security agreement in writing covering interest under the Equipment for PPSA whether or not the purposes Buyer has title to the property, including but not limited to all PPSA retention of title property (as defined under Section 51F of the PPSA.Corporation Act); and, (c) The Equipment referred A fixed charge over all present and future property of the Buyer in relation to which the Buyer in this Agreement, is relation to which the Buyer cannot be a grantor of a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or , including any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interestreal property. (f) 8.3 The Owner’s Buyer agrees and acknowledges that the Supplier may, without limiting the Suppliers other rights under this Agreement are in addition to or at law, lodge caveats over the Buyer’s property and not in substitution for the Owner’s rights under take any other law (action to secure and enforce the Supplier’s security interest; 8.4 The Buyer agrees on demand, and irrevocably appoints the Supplier, each Director and Secretary of the Supplier and any receiver as the Buyer’s agent and attorney, to execute any document, including PPSA) and the Owner may choose whether to exercise rights under this Agreementwithout limitation, any mortgage or transfer, or under such other lawundertake any act, as it chooses. (g) The following provisions of at the PPSA do not apply andBuyer’s cost, for that the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic Supplier consider necessary or household purposesdesirable to: (ia) sections 95 secure the Supplier’s security interest in a manner consistent with any document; (b) Assist in the completion, execution or exercise of any power under any document. 8.5 The security interest will immediately become enforceable if an event of default occurs, without the need for any demand or notice of removal of accession under a document in which event, the Supplier may, amongst other things, appoint a receiver to the extent it requires secured property and fix the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 remuneration of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale receiver or on-hire of Equipment is exercise any power exercisable by a receiver even if such a receiver has not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.been appointed;

Appears in 1 contract

Samples: Supply of Goods Agreement

PPSA. (a) This clause applies In this clause, collateral, financing statement, financing change statement, security agreement, security interest, and commingled goods have the meaning given to the extent that them by the Personal Property Properties Securities Xxx 0000 (Cth) (PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement). (b) This document Upon assenting to these Terms you acknowledge and agree that this Agreement constitutes a security agreement in writing covering the Equipment for the purposes of the PPSAPPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by us to you and in all of your personal property (tangible or intangible) that you have an interest in at the time of assent as well as property (tangible or intangible) acquired by you after the assent is made to secure the payment of the Price or any other amount owing under this Agreement from time to time. (c) The Equipment referred to You acknowledge that by accepting this Agreement and by virtue of the retention of title clause as provided for in this Agreementclause 5.5, the security interest is a security interest and a “purchase money security interest” interest (PMSI) to the extent that it can be as defined under section Section 14 of the PPSAPPSA for all present and after acquired Goods including any commingled goods. (d) The Hirer agrees, security interest will continue to apply as an interest in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to collateral for the Owner’s purposes of PPSA with priority over registered or unregistered security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees We may register the security interest on the Personal Property Securities Register (PPSR) under the PPSA without providing further notice to do anything you. (such as obtaining consents f) You agree that in accordance with section 125(3) of the PPSA, we may delay disposing or taking action to retain the whole or part the collateral beyond the reasonable period. (g) You agree that in accordance with section 275 of the PPSA, neither party is required to provide interested persons with information relating to our security interest, unless required under the general law. (h) You agree and signing documents) which the Owner requires for the purposes ofundertake: (i) ensuring that to sign any documents and/or provide further information reasonably required by us to register any financing statement or financing change statement on the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSAPPSR; (ii) enabling to indemnify us for all expenses and/or costs incurred by us in registering any financing statement or financing change statement on the Owner to gain first priority (or PPSR including the costs of amending, maintaining, releasing, and enforcing any other priority agreed to by security interest in the Owner in writing) for its security interest, andGoods; (iii) enabling not to register and/or make a demand to alter a financing statement in the Owner to exercise rights in connection with the security interest.collateral without our prior written consent; (fiv) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under provide us with 7 days’ Written Notice of any other law (including PPSA) and the Owner may choose whether change or proposed change to exercise rights under this Agreementyour company name, address, contact details, or under such other law, changes in your details as it chooses.registered on the PPSR; (gv) The following provisions in accordance with section 115 of the PPSA do not apply andPPSA, to waive any rights of enforcement for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is collateral not used predominately predominantly for personal, domestic domestic, or household purposes:; (ivi) in accordance with sections 95 142 and 143 of the PPSA, to waive your rights as a grantor and/or debtor; (notice vii) in accordance with section 144 of removal the PPSA, to waive any rights to receive notices under sections 95, 118, 121, 130, 132 or 135 of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract)PPSA; and (iiviii) in relation to accordance with section 128 (secured party may dispose 157 of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of waive any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSAstatement. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 1 contract

Samples: Terms and Conditions

PPSA. 15.1. You: (a) This clause applies to the extent acknowledge that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document Agreement constitutes a security agreement in writing covering the Equipment Security Agreement for the purposes of the PPSA; (b) grant a PPSA Security Interest to Us for the Term for the Vehicle which is the subject of this Agreement: 15.2. You acknowledge that: (a) we may register our PPSA Security Interest in the Vehicle (and the Proceeds) as a first ranking Purchase Money Security Interest (PMSI) on the Personal Property Securities Register administered by the Australian Financial Security Authority; and (b) You must execute documents and do whatever things and provide information if required by Us to enable registration of the Security Interest granted by You on the Register or correct any registration. (c) The Equipment referred to in this Agreement, is 15.3. You agree that we retain a security interest in the Vehicle, including all rights and a “purchase money security interest” (“PMSI”) claims under any insurance policy or Vehicle warranty relating thereto, until it is fully paid for as per the terms of this Agreement. If You alter or add to the extent vehicle You agree that it can such alterations and additions will be considered part of the vehicle for the purposes of this Agreement and You waive any rights You may have to anything installed in or affixed to the vehicle, including any rights You might otherwise have under section 14 Part 3.3 of the PPSA. (d) The Hirer agrees, 15.4. You certify that the vehicle will be held by You if working in addition, any business to which an Australian business number has been allocated. 15.5. You acknowledge and agree that where the PPSA applies to action taken by Us in relation to the extent possible under PPSAVehicle, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes ofYou: (ia) ensuring agree that the Owner’s security interest is enforceablesections 96, perfected 116(2), 120, 125, 142 and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions 143 of the PPSA do will not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract)apply; and (iib) in relation waive Your right to section 128 receive any notices we are required to give You under the PPSA (secured party may dispose of collateral), section 129 (disposal by purchaseto the extent that the notice can be excluded) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of includes any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights right to receive a verification statement in relation to registration events in respect of commercial property notice under section 157 sections 95, 118(1)(b), 121(4), 123(2), 130, 132(3)(d), 132(4) and 135 of the PPSAPPSA and any Verification Statements. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) 15.6. Each of the PPSA, the Owner and the Hirer agree that neither party must parties agrees not to disclose information of the kind that can be requested under type referred to in section 275(1) of the PPSA, except in circumstances required by section 275(7)(b) to (e) of the PPSA. (j) The sale or on-hire 15.7. You agree only to authorise the disclosure of Equipment is not permitted to any related entity of the Hirer (as defined by information under section 9 of the Corporations Act 2001275(7)(c) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001request information under section 275(7)(d) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestif We provide Our prior written approval.

Appears in 1 contract

Samples: Vehicle Loan Agreement

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PPSA. (a) This clause applies You grant Us a security interest in respect of all Goods leased by Us to You or Items acquired by You with the proceeds of finance provided by Us to You under the terms of this Agreement and all proceeds of such Goods and Items as security for payment of any amounts owing by You to Us from time to time and for the performance by You of all of Your other obligations to Us from time to time. You agree to do anything We reasonably require to ensure that Our security interests remain perfected and current at all times, and that the maximum priority is obtained and maintained for them. In particular, You shall not change your name, unless You have provided us with no less than 10 business days’ prior written notice of any intended change and, in any event, shall not make any such change until all necessary filings are made to ensure the Our security interests remain perfected. You waive the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the extent security interests under this Agreement. You agree that nothing in sections 114(1)(a), 133 and 134 of the Personal Property Securities Xxx 0000 (Cth) (“PPSA shall apply to this Agreement, or the security under this Agreement, and waive your rights under sections 120(2), 121, 125, 129 and 131 of the PPSA”) operates . We may allocate amounts received from You in any manner We determine, including any manner required to preserve any purchase money security interest We have in any Goods or Items. You agree to reimburse Us for all costs and/or expenses incurred or payable by Us in relation to registering, maintaining or releasing any financing statement in respect of any security interest” (as defined in PPSA) interest under this Agreement. . You will be in default in relation to all Goods or Items if any Goods or Items are at risk. At any time after a default occurs, We may (bwhether or not We have exercised any other right) This document constitutes appoint any person to be a security agreement in writing covering the Equipment for the purposes receiver of all or any of the PPSA. Goods or Items. In addition to, and without limiting or affecting any other powers and authorities conferred on a receiver (c) whether under the Receiverships Act 1993 or at law or otherwise), a receiver has the power to do all things in relation to the Goods or Items as if the receiver has absolute ownership of the Goods or Items. The Equipment referred to in this Agreementterms “at risk”, is a security interest and a “default”, “lease”, “perfected”, “proceeds”, “purchase money security interest”, “rights(and PMSI”) security interests” have the respective meanings given to them under, or in the extent that it can be under section 14 of context of, the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 1 contract

Samples: Lease and Finance Terms and Conditions

PPSA. 10.1 You: (ai) This clause applies acknowledge that We may register any actual or impending PMSI under the PPSA in respect of all Equipment; and (ii) consent to Us registering our PMSI under the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation PPSA and will do all things reasonably necessary to any “assist Us to register Our security interest” (as defined in PPSA) under this Agreement. 10.2 We are responsible for: (bi) This document constitutes a security agreement in writing covering the Equipment for preparation and registration of the purposes financing statement or financing change statement; and (ii) payment of any fees associated with the registration, and You waive the right to receive from Us verification of the registration pursuant to section 157(3)(b) of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to 10.3 You must do anything (such as obtaining consents and signing documents) which the Owner requires We require for the purposes of: (ia) ensuring that the Owner’s Our security interest is enforceable, perfected and otherwise effective under the PPSA; (iib) enabling the Owner Us to gain first priority (or any other priority agreed to by the Owner Us in writing) for its security interest, ; and (iiic) enabling the Owner Us to exercise rights in connection with the security interest. (f) The Owner’s 10.4 Our rights under this Agreement document are in addition to and not in substitution for the Owner’s Our rights under any other law (including the PPSA) and the Owner We may choose whether to exercise rights under this Agreementdocument, or and/or under such other law, as it choosesWe sees fit. For the avoidance of doubt, our security interest will attach to proceeds. 10.5 If We do not have a registration under the PPSA ensuring a perfected first priority security interest in the Equipment, the Hire Period, (g) The following provisions including any extension of the PPSA do Hire Period or the aggregate of consecutive Hire Periods during which You have substantially uninterrupted possession) may not apply anddespite anything else in this document or any Hire Schedule be longer than 2 years. 10.6 If You sub‐hire the Equipment to Your agent, for contractor subcontractor or any third party (“Sub‐hire”) and the purposes of section 115 are “contracted out” of this Agreement Sub‐hire is a security interest under the PPSA, You agree that You will protect Our interests in respect of the Equipment that is not used predominately for personal, domestic or household purposesby: (ia) sections 95 registering a security interest itself; or (notice of removal of accession b) assigning, by this clause, to the extent it requires the Owner Us all rights as xxxxxx, to enforce against an agent, contractor or subcontractor. 10.7 You have an obligation to give Us notice if another party with a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment interest in the manner specified Equipment seizes or otherwise deals with Our PMSI in those sections but also under this Agreement in any other manner it deems fitthe Equipment. (h) The Hirer waives its rights 10.8 If You grant any security interest in the Equipment to receive a verification statement in relation to registration events in respect another party, that other party must acknowledge the priority of commercial property under section 157 of the PPSAOur PMSI. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer 10.9 The parties agree that neither party must disclose information of is required to give notice to the kind that can be requested other under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) PPSA unless the Owner has consented in writing obligation to give the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestnotice cannot be excluded.

Appears in 1 contract

Samples: Hire Agreement

PPSA. 9.1 The Purchaser acknowledges and agrees that it grants SURFCOAST CCTV a security interest in the Goods and their proceeds including any accounts and accessions by virtue of these terms and conditions. 9.2 The Purchaser agrees that: (a) This clause applies these terms and conditions, or such other terms and conditions as SURFCOAST CCTV may adopt from time to time, apply to the extent that supply of Goods by SURFCOAST CCTV to the Purchaser to the exclusion of all other terms and conditions of trade; (b) no variation to these terms and conditions will be of any effect unless agreed to by SURFCOAST CCTV in writing; (c) the Goods supplied by SURFCOAST CCTV secure the payment of the purchase price of those Goods and of any other Goods supplied by SURFCOAST CCTV; (d) it will do all things necessary including providing all information required to register a financing statement or financing change statement on the Personal Property Securities Xxx 0000 Register (CthPPSR) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document constitutes a security agreement in writing covering the Equipment for the purposes of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a purchase money security interest” interest (PMSI) pursuant to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (iie) enabling it will not change its name, ACN or ABN or other details required on the Owner to gain PPSR without first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest.notifying SURFCOAST CCTV; (f) The Owner’s rights it waives its right to receive any notice under this Agreement are the PPSA including a verification statement in addition respect of any financing statement or financing change statement in respect of the security interest created pursuant to these terms and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses.conditions; (g) The it must pay SURFCOAST CCTV’s costs of any discharge or necessary amendment of any financing statement or financing change statement. 9.3 To the maximum extent permitted by law, the Purchaser agrees that the following provisions sections of the PPSA do will not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposesapply: (ia) sections 95 section 118; (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirerb) section 121(4), 96 ; (retention of accession), 125 c) section 125; (Obligations to dispose of or retain collateral); d) section 130 130; (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); e) section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract)142; and (iif) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal 143. 9.4 To the maximum extent permitted by purchase) and 134(1) (retention of collateral)law, the Hirer agrees that in addition to Purchaser waives any rights it may have pursuant to, and hereby contracts out of the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those following sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA.: (ia) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA.95; (jb) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer section 118 (as defined by c) section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.121(4)

Appears in 1 contract

Samples: Terms and Conditions of Trade

PPSA. (a) This clause applies to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document constitutes a security agreement in writing covering the Equipment for the purposes of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 16 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 107 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposesthe Equipment: (i) sections 95 125 (right not to have goods damaged when Owner removes accession), 126 (right not to be reimbursed for damaged caused when Owner removes accession), 127 (Hirer’s right to refuse permission to remove an accession), 129 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral)) ; section 130 114(a)(1) (notice of disposal sale of collateral to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) 116 (contents of statement of account after disposal); section 132(4) (Hirer’s right to receive a statement of account if no disposalcollateral sold by the Owner); section 135 120(2) (notice of retention); section 142 (redemption of collateral); and section 143 133 (re-re- instatement of security contract); and (ii) in relation to section 128 109 (secured party may dispose take possession of and sell collateral), and section 129 (disposal by purchase) and 134(1) 120 (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fitfit (subject to any rights of third parties). (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 148 of the PPSA. Equipment or the use of it and will observe all the provisions of any statute, regulation or by-law relating to the Equipment. (ig) Solely for Not to use or operate or permit the purpose Equipment to be used or operated when not in proper repair or (if the Equipment is required to be registered, licensed, insured or the subject of allowing a permit during its use or operation) when it is unregistered, unlicensed, uninsured or not the Owner the benefit subject of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSAa permit. (jh) The sale or on-hire of Equipment is not permitted To promptly give notice to any related entity the Owner of the Hirer (as defined by section 9 occurrences of the Corporations Act 2001) any event of default or any entity that is associated withevent which with the passing of time or the giving of notice, controlsof both, might constitute an Event or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestDefault.

Appears in 1 contract

Samples: Hire Agreement

PPSA. 32.1 You agree to immediately notify us in writing if you change your name or address or if there are any changes to any of the data relevant to a financing statement under the PPSA in respect of this Agreement, including (abut not restricted to), any of the information in the Loan and Mortgage Schedule. 32.2 We may register any Security Interest which it considers arises out of this Agreement (even before that Security Interest starts). 32.3 You agree that we have a Security Interest in the Goods, securing the amount owing by you to us under this Agreement and that the Security Interest extends to any proceeds (as defined in the PPSA) This clause applies of the Goods. 32.4 You agree to promptly do anything (for example obtaining consents, signing documents, having others sign documents, supplying information, and entering into a subordination or priority agreement with any other secured party) which we asks to: ensure that the Security Interest created under this Agreement is perfected and otherwise effective; assist us to exercise any right in connection with the Security Interest. 32.5 If you also acquire a Security Interest in the Goods (for example, if you sublease them, even without consent), you must take all steps necessary to: obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and reduce as far as possible the risk of a third party acquiring an interest in the Goods free of our Security Interest or your Security Interest. 32.6 You agree that any exercise by us of its rights to enforce any Security Interest in the Goods necessarily also involves an exercise of all intellectual property rights relating to the Goods. 32.7 You certify that the Goods will be held by you in the furtherance of an enterprise to which an Australian business number has been allocated. 32.8 You waive any right you may have at any time (including under s157 of the PPSA) to receive a copy of a verification statement or other notice contemplated in the PPSA. 32.9 You waive your right to receive anything from us under s275 of the PPSA, and agree not to make any request of us under that section. You agree with us for the purposes of s275(6)(a) of the PPSA that neither it nor you will disclose any information of the kind mentioned in s275(1) of the PPSA (except as provided for in s275(7)). 32.10 You authorise and request uspursuant to s275(7)(c) of the PPSA to obtain from the holder of any other Security Interest in the Goods any of the information referred to in s275(1) of the PPSA relevant to that Security Interest. 32.11 Pursuant to s115 of the PPSA, you and us contract out of each provision of the PPSA which s115 permits, except sections 123, 126, 128, 134(1) and 135. (However, sections 123, 128 and 134(1) do not apply to the extent that they would derogate from a right provided for in this Agreement on the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreementpart of us). (b) This document constitutes a security agreement 32.12 To the extent permitted by law, you agree that we own, and you waive any rights you may have to, anything installed in writing covering or affixed to the Equipment for the purposes Goods, including any rights you might otherwise have under Part 3.3 of the PPSA. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interest.

Appears in 1 contract

Samples: Loan and Mortgage Agreement

PPSA. 16.1 The Renter agrees (to the extent permitted by law) that: (a) This clause applies the Owner does not have to comply with any of the extent that requirements of, and the Renter waives its rights under, sections 95, 96, 120, 121(4), 123, 125, 129, 130, 132(3)(d), 132(4) 134(2), 135 and 137(2) of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. or any other provision of the PPSA notified by the Owner to the Renter from time to time; (b) This document constitutes a security agreement in writing covering the Equipment for the purposes Renter may not exercise any rights under sections 142 and section 143 of the PPSA. ; and (c) the Owner or any receiver (or receiver manager) appointed by the Owner does not have to give any notice required under the PPSA (including a notice of verification statement) unless the notice is required by the PPSA and cannot be excluded. 16.2 The Equipment referred to Owner may, at the Renter’s expense, apply for any registration, or give any notification, in this Agreement, is a connection with any security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 14 of the PPSA. (d) The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; , or other security interest or encumbrance or preferential interest or arrangement of any kind (ii) enabling Security Interest), and for whatever class of collateral that the Owner determines. The Renter consents to gain first priority (any registration or any other priority agreed to notification by the Owner in writing) for its security interest, and (iii) enabling the Owner and agrees not to exercise rights in connection with the security interestmake an amendment demand. (f) 16.3 This agreement is confidential. The Owner’s rights under this Agreement are in addition to and Renter will not in substitution for request any disclosure be made, disclose or authorise the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreementdisclosure, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fit. (h) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA. (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under mentioned in section 275(1) of the PPSA, unless section 275(7) of the PPSA applies and in that case only the Owner is entitled to make the disclosure. (j) 16.4 Nothing in this clause 16 will prevent any disclosure by the Owner that it considers is necessary to comply with its other obligations under the PPSA. 16.5 Everything that the Renter is required to do under this clause 16 is at the Renter’s expense. The sale Renter agrees to pay or on-hire of Equipment is not permitted to any related entity reimburse the costs of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity Owner in connection with anything that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001) unless the Owner has consented in writing does under this clause 16 or anything that the Renter is required to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestdo under this clause 16.

Appears in 1 contract

Samples: Rental Agreement

PPSA. (a) This clause applies to 10.1 The Customer acknowledges and agrees that this Agreement is an accepted and adopted security agreement between the extent parties. Unless otherwise stated, a term contained in clauses 9 and 10 of this Agreement that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any “security interest” (as is defined in PPSA) under the PPSA (but not otherwise defined in this Agreement) has the meaning given to it in the PPSA. (b) This document constitutes 10.2 The Customer acknowledges and agrees that this Agreement creates and that BHF has a security agreement in writing covering the Equipment interest for the purposes of the PPSA: (a) in all Goods and any proceeds from sale of such Goods, previously supplied by BHF to the Customer; and (b) in all Goods and any proceeds that will be supplied in the future by BHF to the Customer. (c) 10.3 The Equipment referred to in Customer acknowledges and agrees that this Agreement, is a security interest is registrable in the personal property securities register and this security interest secures all moneys owing by the Customer to BHF under this Agreement or otherwise. 10.4 The Customer grants to BHF where and when applicable, a purchase money security interest” interest (PMSI) to the extent that it can be under secures payment of the amounts owing in relation to the relevant Goods in accordance with, and to the extent prescribed by, section 14 of the PPSA. 10.5 The Customer acknowledges and agrees the security interest is a continuing and subsisting interest in the Goods with priority over any registered or unregistered general (dor other) security interest and any unsecured creditor. 10.6 The Hirer agrees, in addition, Customer acknowledges that the security interest over the Goods or their proceeds arising under this clause 10 is a PMSI under the PPSA to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, it secures as a PMSI the interest payment of the Owner as either Xxxxxx or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement. (e) The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) The Owner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: (i) sections 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer), 96 (retention of accession), 125 (Obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security contract); and (ii) owing in relation to section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and 134(1) (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other manner it deems fitGoods. (h) 10.7 The Hirer waives Customer will do everything reasonably required of it by BHF to enable BHF to register its rights security interest with the priority BHF requires and to receive maintain those registrations including signing any documents and/or providing any information which BHF may reasonably require to register a verification financing statement or a financing change statement in relation to registration events a security interest; or correcting a defect in respect of commercial property a statement referred to by the forgoing. 10.8 The security interests arising under section 157 this Agreement will be perfected by BHF prior to or when the Customer obtains possession of the PPSAGoods and the parties confirm they have not agreed that any security interest arising under this Agreement attaches at any later time. 10.9 BHF does not need to give the Customer any notice under the PPSA (i) Solely for the purpose of allowing the Owner the benefit of section 275(6) including notice of the PPSA, the Owner and the Hirer agree that neither party must disclose information of the kind that can be requested under section 275(1) of the PPSA. (j) The sale financing statement or on-hire of Equipment is not permitted to any related entity of the Hirer (as defined by section 9 of the Corporations Act 2001) or any entity that is associated with, controls, or is controlled by the Hirer (as defined by sections 50AA and 50AAA of the Corporations Act 2001verification statement) unless the Owner has consented in writing to notice is required by the sale or on-hire PPSA and the buyer has agreed to receive the Equipment subject to the Owner’s security interestthat requirement cannot be excluded.

Appears in 1 contract

Samples: Supply of Goods and Services Agreement

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