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.

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.’

PPSA. (a) This clause applies to The Parties agree and acknowledge that where 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.Vehicle or Equipment is: (bi) This document constitutes a security agreement in writing covering the Equipment Commercial" type collateral for the purposes of the PPSA, then by virtue of this Agreement: (A) for the purposes of the hire or bailment of the Vehicle and Equipment: (I) title to the Vehicle and the Equipment remains with the Company at all times, and (II) is not a PPS Lease Security Interest, unless and until the Hirer has held substantially uninterrupted possession of such Vehicle and/or Equipment for more than 2 years; and/or (B) for the purposes of the sale of any goods by the Company to the Hirer: (I) title to such goods remains with the Company at all times, until all obligations (including payment of all monies owed on any account to the Company), are discharged in full; and (II) a Security Interest is granted by the Hirer to the Company under the PPSA in the goods; and (ii) Consumer" type collateral for the purposes of the PPSA, then the hire or bailment of the Vehicle and Equipment is not a PPS Lease Security Interest, unless and until the Hirer has held substantially uninterrupted possession of such Vehicle and/or Equipment for 2 years. (b) The Hirer must not otherwise, grant a Security Interest or lien in, or otherwise encumber, the Vehicle, the Equipment or the goods in any way. (c) The Equipment referred to in this Agreement, is If the Hirer makes a security interest and a “purchase money security interest” (“PMSI”) payment to the extent Company at any time whether in connection with the supply of goods or otherwise, the Company may apply that it can be under section 14 of payment to first satisfy obligations that are not secured, then obligations that are secured, but not by a Purchase Money Security Interest, in the PPSAorder in which those obligations were incurred, and then obligations that are secured by a Purchase Money Security Interest in the order in which those obligations were incurred. (d) The Hirer agrees, in addition, to Company may register its Security Interest on 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 AgreementPPSR. (e) The Hirer agrees to must do anything (such as obtaining consents and signing documents) which the Owner Company requires for the purposes of: (i) ensuring that the Owner’s security interest Company's or any related or associated party's Security Interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner Company or any related or associated party to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, Security Interest; and (iii) enabling the Owner Company or any related or associated party to exercise its rights in connection with the security interestits Security Interest. (f) The Owner’s Company may recover from the Hirer the cost of doing anything under this Clause 18 including but not limited to the payment of registration fees. (g) The Company's rights under this Agreement are in addition to and not in substitution for the Owner’s its rights under any other law (including PPSA) and the Owner Company may choose whether to exercise rights under this Agreement, Agreement or under such other law, 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 sees fit. (h) The Hirer waives its rights the right to receive a copy of any verification statement in relation confirming registration of a Financing Statement or Financing Change Statement relating to registration events in respect of commercial property the Security Interests under section 157 of the PPSAthis Agreement. (i) Solely The Hirer agrees that the Hirer and the Company expressly contract out of and nothing in the provisions of Sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA will apply to this Agreement. (j) The Hirer hereby consents and appoints the Company to be an Interested Person and the Hirer’s authorised representative for the purpose purposes of allowing Section 275(9) PPSA. (k) Both the Owner the benefit of section 275(6) of the PPSA, the Owner Hirer and the Hirer Company agree that neither party must not to disclose information of the kind that can be requested under section Section 275(1) of the PPSA. The Hirer must do everything necessary on their part to ensure that Section 275(6)(a) of the PPSA continues to apply. The agreement by the parties in this subclause is made solely for the purposes of allowing the Company the benefit of Section 275(6)(a) of the PPSA and the Company shall not be liable to pay damages or any other compensation or be subject to injunction if it breaches this subclause. (jl) The sale or on-hire of Equipment is not permitted parties agree that in addition to any related entity other means permitted by law, any documents, notifications or Court proceedings may be given or served upon the Hirer, the Hirer’s successors and permitted assignees in the same manner as any notice or document may be given under Part 8.5 of the Hirer PPSA and will be deemed so given or served if done so in such manner. (as defined by section 9 m) The parties agree that the benefit of this Agreement and the Corporations Act 2001) or any entity that is associated with, controls, or is controlled Security Interest/s created hereunder may be assigned by the Company, but not by the Hirer. (n) The Hirer adopts these terms by taking or continuing possession of any goods (as defined by sections 50AA and 50AAA including any Vehicle or Equipment) subsequent to receiving a copy 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 interestthese terms.

PPSA. 13.1. For the purposes of this clause PPSA means the Personal Property Securities Act 2009 (a) This clause applies Cth), including any amendments, replacement and successor legislation, and all terms used herein have the same meaning as set out in that Act unless otherwise defined. 13.2. The Client acknowledges and agrees that to the extent that the Personal Property Securities Xxx 0000 (Cth) (“PPSA”) operates in relation to any this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted a Security Interest in the Equipment and the proceeds arising in respect of any dealing with the Equipment. 13.3. The Client further agrees that: (as defined in PPSAa) under this Agreement.the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) This document constitutes it will not register a security agreement Financing Change Statement in writing covering respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register or permit to be registered a Financing Statement or Financing Change Statement in relation to the Equipment in favour of a third party without FMS’s prior written consent; (d) that the Equipment provided under this Agreement is collateral 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 that this Agreement is a Security Agreement for the purposes of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under of 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 it will do all the things necessary including providing all information FMS requires to register a Financing Statement or Financing Change Statement (as defined under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and on the Owner may choose whether PPS Register (‘PPSR’) as a Security Interest pursuant to exercise rights under this Agreement, or under such other law, as it chooses.the PPSA; (g) The following provisions of it will not change its name, ACN or ABN or other details required on the PPSA do not apply andPPSR, 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.without first notifying FMS; (h) The Hirer it waives its rights to receive a verification statement in relation to registration events respect of any Financing Statement or Financing Change Statement in respect of commercial property under section 157 of the PPSA.Security Interest created pursuant to these terms and conditions; (i) Solely for it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, the Owner and the Hirer parties hereto 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 PPSAPPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA to authorise the disclosure of the above information; and (k) in the event that an Agreement is not executed by the Client, the delivery and use of the Equipment by the Client, or the delivery and operation of the Equipment by FMS shall constitute adoption or acceptance by the Client of the terms and conditions set out in the proposed Agreement. 13.4. The Client consents to FMS affecting and maintaining a registration on the Register (jin any manner it considers appropriate) The sale or on-hire of Equipment is not permitted in relation to any related entity Security Interest contemplated or constituted by this Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment. 13.5. The Client agrees to sign any documents and provide all assistance and information to FMS required to facilitate the registration and maintenance of any Security Interest. 13.6. Section 115(1) of the Hirer (as defined by section 9 PSSA allows for the contracting out of provisions of the Corporations Act 2001) or any entity PPSA and to the maximum extent permitted by law, the Client agrees that is associated with, controls, or is controlled by the Hirer (as defined by following sections 50AA and 50AAA of the Corporations Act 2001PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) unless of the Owner has consented in writing PSSA allows for the contracting out of provisions of the PPSA and to the sale or on-hire maximum extent permitted by law, you waive any rights you may have pursuant to, and hereby contract out of the buyer has agreed to receive following sections of the Equipment subject to the Owner’s security interestPPSA: Sections 127, 129(2), 132, 134(2), 135, 136(3), (4) and (5) and 137.

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.

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 PPSADelta Coal. (c) The Equipment referred to If Delta Coal 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 Delta Coal 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 Delta Coal 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 Delta Coal to exercise rights in connection with the security interestSecurity Interest. (d) Delta Coal 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 Delta Coal as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of Delta Coal’s Personal Property becomes an Accession to Delta Coal’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of Delta Coal’s Personal Property is located or situated outside Australia or, upon request by Delta Coal, of the present location or situation of any of Delta Coal’s Personal Property; or (iii) if the Supplier parts with possession of Delta Coal’s Personal Property. (f) The OwnerSupplier must not: (i) create any Security Interest or lien over any Personal Property that Delta Coal has an interest in (other than Security Interests granted in favour of Delta Coal); (ii) sell, lease or dispose of its interest in Personal Property that Delta Coal has an Security Interest in; (iii) give possession of the Supplier’s rights under this Agreement are in addition Personal Property that Delta Coal has a Security Interest or Delta Coal’s Personal Property to and another person except where Delta Coal expressly authorises it to do so; (iv) permit any of Delta Coal’s Personal Property to become an Accession to or Commingled with any asset that is not in substitution for part of a site within Delta Coal’s ownership or control; or (v) change its name without first giving Delta Coal 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 Delta Coal 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.’

PPSA. (a) This clause applies to the extent that the Personal Property Securities Xxx 0000 If a Loan Document or Disclosed Sublease (Cthor a transaction in connection with it) (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this Agreement. (b) This document constitutes is or contains a security agreement in writing covering the Equipment PPSA Security Interest for the purposes of the PPSA. PPSA (c) The Equipment referred and the PPSA applies to in this Agreementthat PPSA 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 each Loan Party agrees to do (and shall procure that any Disclosed Sublessee shall do) anything (such as including but not limited to obtaining consents consents, signing and signing producing documents, procuring that documents are completed and signed and supplying information) within its reasonable control and which the Owner requires Collateral Agent requests and reasonably considers necessary for the purposes of: (i) ensuring that the Owner’s security interest PPSA Security Interest is enforceable, perfected and otherwise effective under the PPSA;effective; or (ii) enabling the Owner Collateral Agent to gain first priority (apply for any registration, complete any financing statement or give any other priority agreed to by notification, in connection with the Owner in writing) for its security interest, andPPSA Security Interest; or (iii) enabling the Owner Collateral Agent to exercise rights in connection with the security interestPPSA Security Interest. (b) Each Loan party agrees to cause any financing statements required of it pursuant to this section to be registered at such times as reasonably directed by the Collateral Agent. (c) Unless otherwise provided, all costs and expenses of the Collateral Agent pursuant to the requirements of this Section shall be at the Loan Parties’ expense and the Loan parties agree to pay or reimburse the reasonable costs of the Collateral Agent in connection therewith. (d) The Collateral Agent need not give any notice under the PPSA (including a notice of verification statement) unless the notice is required by the PPSA and the requirement to give it cannot be excluded or has not been excluded by this section. (e) The Loan Parties and the Collateral Agent agree that each the Collateral Agent and the Loan Parties Obligor and the Security Trustee are not required to, and must not without the other party’s consent, disclose any information of the kind referred to in section 275(4) of the Australian PPSA unless section 275(7) of the Australian PPSA applies. (f) The Owner’s rights If a Loan Party is requested or required to do anything under this Agreement are in addition to and not in substitution for section by the OwnerCollateral Agent, it will be at the Loan Party’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 choosescost. (g) The Each Loan Party agrees that the following provisions of the Australian PPSA do not apply and, for to the purposes Loan Documents to the extent that the PPSA permits the parties to contract out of section 115 are “contracted out” of this Agreement in respect of Equipment that is not used predominately for personal, domestic or household purposes: such provisions: (i) sections Section 95 to the extent that it requires a secured party to give a notice to a grantor (notice of removal of accession ii) Section 96; (iii) Section 121(4); (iv) Section 125; (v) Section 130 to the extent it requires the Owner a secured party to give a notice to the Hirer), 96 a grantor; (retention of accession), 125 (Obligations to dispose of or retain collateralvi) Section 132(3)(d); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirervii) Section 132(4); section 132(3)(d(viii) (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)Section 142; and section 143 (re-instatement of security contract); and (iiix) 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 fitSection 143. (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.

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 Contract may constitute a security agreement Security Interest in writing covering the Equipment for the purposes favour of the PPSAPrincipal. (c) The Equipment referred to If the Principal determines that this Contract (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 Contractor 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 Principal 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 the Owner Principal to gain first priority (apply for any registration, complete any Financing Statement or give any other priority agreed to by notification, in connection with the Owner in writing) for its security interest, andSecurity Interest; (iii) enabling the Owner Principal to exercise rights in connection with the security interestSecurity Interest. (d) the Principal 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 Contractor must notify the Principal as soon as the Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of the Principal’s Personal Property becomes an Accession to the Principal’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of the Principal’s Personal Property is located or situated outside Australia or, upon request by the Principal, of the present location or situation of any of the Principal’s Personal Property; or (iii) if the Contractor parts with possession of the Principal’s Personal Property. (f) The OwnerContractor must not: (i) create any Security Interest or lien over any Personal Property that the Principal has an interest in (other than Security Interests granted in favour of the Principal); (ii) sell, lease or dispose of its interest in Personal Property that the Principal has a Security Interest in; (iii) give possession of the Contractor’s rights under this Agreement are in addition Personal Property that the Principal has a Security Interest or the Principal’s Personal Property to and another person except where the Principal expressly authorises it to do so; (iv) permit any of the Principal’s Personal Property to become an Accession to or Commingled with any asset that is not in substitution for part of a site within the OwnerPrincipal’s rights under any other law ownership or control; or (including PPSAv) and change its name without first giving the Owner may choose whether to exercise rights under this Agreement, Principal 15 Business Days’ notice of the 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 Contractor 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 Contractor’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 the PPSA. (i) Solely for Principal nor 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 Contractor will disclose information of the kind that can be requested under mentioned in section 275(1) of the PPSA and the Contractor 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.’

PPSA. (13.1 For the purposes of this clause: a) This clause applies the following words have the meaning given to the extent that them in the Personal Property Securities Xxx 0000 Act 2009 (Cth) (“PPSA”): Accession, Commingled, Financing Statement, Fixture, Personal Property, Proceeds, Purchase Money Security Interest, Security Interest, Serial Number and Verification Statement; b) operates ‘PPSA Information’ means any information or documents (including copies of such documents), which are in existence or may be entered into in the future, of the kind mentioned in section 275(1) PPSA; and c) ‘Hired Equipment’ means any Equipment, goods or equipment hired by the Customer from the Owner under the terms of this Hire Agreement. 13.2 The parties acknowledge that the supply of the Hired Equipment under this Hire Agreement constitutes a Security Interest (which may be a Purchase Money Security Interest) in the Hired Equipment (and any Proceeds in relation to any “security interest” (as defined the Equipment) in PPSA) under this Agreementfavour of the Owner. (b) This document constitutes a security agreement in writing covering the Equipment for the purposes of the PPSA. (c) 13.3 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 Customer 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 asks and considers necessary for the purposes of: (ia) ensuring that the Owner’s security interest Security Interest is enforceable, perfected and otherwise effective under the PPSAeffective; (iib) enabling the Owner to gain first priority (apply for any registration, complete any Financing Statement or give any other priority agreed to by notification, in connection with the Owner in writing) for its security interest, Security Interest; and (iiic) enabling the Owner to exercise rights in connection with the security interestSecurity Interest. (f) 13.4 The Owner’s rights under this Agreement are in addition Owner is not required to and not in substitution for the Owner’s rights under give any other law (including PPSA) notice, 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 Customer waives its rights to receive any notice, under the PPSA (including notice of a verification statement Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). 13.5 The Customer must notify the Owner as soon as the Customer becomes aware of any of the following: a) if any Personal Property which does not form part of the Hired Equipment becomes an Accession to the Hired Equipment and is subject to a Security Interest in relation to registration events favour of a third party; b) if any of the Hired Equipment or Owner’s Personal Property is located or situated outside Australia or, upon request by the Owner, of the present location or situation of the Hired Equipment; or c) if the Customer parts with possession of the Hired Equipment. 13.6 The Customer must not without the Owner’s prior written consent: a) create any Security Interest or lien over any Personal Property that the Owner has an interest in, including the Hired Equipment (other than Security Interests granted in favour of the Owner); b) change any Serial Number in respect of commercial any Hired Equipment without first notifying the Owner; c) permit the Hired Equipment to become an Accession to, Commingled with, or a Fixture to any asset or real property that is not part of the Owner’s other Personal Property or real property; or d) change its name without first giving the Owner 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. 13.7 If the Customer fails to comply with any obligation under section 157 this Hire Agreement then without limiting the remedies available to the Owner: a) upon request by the Owner, the Customer must return the Hired Equipment to the Owner; b) the Customer authorises the Owner and any person authorised by the Owner to enter premises where the Hired Equipment is located to take possession of the Hired Equipment; and c) the Owner may retain, sell or otherwise dispose of the Hired Equipment. 13.8 The Owner agrees to the extent permitted under the PPSA, the Customer waives its rights: a) to receive notice of removal of an Accession under the PPSA; and b) under Chapter 4 of the PPSA. 13.9 Each party agrees to keep the PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (ie) Solely for the purpose of allowing the Owner the benefit of section 275(6) of the PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the Owner party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the Hirer agree that neither other party must disclose or not) to maintain such PPSA Information in confidence. 13.10 Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information of the kind that can be requested under section 275(1275(7)(d) 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 other party to the sale or on-hire and the buyer has agreed to receive the Equipment subject to the Owner’s security interestthis document explicitly agrees.