PPSA. 35.1 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 Hire Purchase Agreement, including (but not restricted to), any of the information in the Goods Schedule. 35.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Hire Purchase Agreement (even before that Security Interest starts). 35.3 You agree that CNH Industrial Capital has a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital under this Hire Purchase Agreement and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods. 35.4 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 Hire Purchase Agreement is perfected and otherwise effective; (b) assist CNH Industrial Capital to exercise any right in connection with the Security Interest. 35.5 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: (a) obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and (b) reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's Security Interest or your Security Interest. 35.6 You agree that any exercise by CNH Industrial Capital 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. 35.7 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. 35.8 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. 35.9 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)). 35.10 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.
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PPSA. 35.1 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 Hire Purchase Agreement, including (but not restricted to), any of the information in the Goods Loan and Mortgage Schedule.
35.2 32.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Hire Purchase Agreement (even before that Security Interest starts).
35.3 32.3 You agree that CNH Industrial Capital has a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital under this Hire Purchase Agreement and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods.
35.4 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 Hire Purchase Agreement is perfected and otherwise effective;
(b) assist CNH Industrial Capital to exercise any right in connection with the Security Interest.
35.5 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:
(a) obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and
(b) reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's Security Interest or your Security Interest.
35.6 32.6 You agree that any exercise by CNH Industrial Capital 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.
35.7 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.
35.8 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.
35.9 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)).
35.10 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 and 134(1) do not apply to the extent that they would derogate from a right provided for in this Agreement on the part of CNH Industrial Capital).
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 the Goods, including any rights you might otherwise have under Part 3.3 of the PPSA.
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Samples: Loan and Mortgage Agreement, Loan and Mortgage Agreement
PPSA. 35.1 You agree to immediately notify CNH Industrial Capital 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 Hire Purchase Agreement, including (but not restricted to), any of the information in the Goods Loan and Mortgage Schedule.
35.2 CNH Industrial Capital . We may register any Security Interest which it considers arises out of this Hire Purchase Agreement (even before that Security Interest starts).
35.3 . You agree that CNH Industrial Capital has we have a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital us under this Hire Purchase Agreement and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods.
35.4 . 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 we asks to:
(a) : ensure that the Security Interest created under this Hire Purchase Agreement is perfected and otherwise effective;
(b) ; assist CNH Industrial Capital us to exercise any right in connection with the Security Interest.
35.5 . 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:
(a) : obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and
(b) and reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's our Security Interest or your Security Interest.
35.6 . You agree that any exercise by CNH Industrial Capital 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.
35.7 . 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.
35.8 . 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.
35.9 . You waive your right to receive anything from CNH Industrial Capital us 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)).
35.10 . You authorise and request CNH Industrial Capital us 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. 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 part of us). To the extent permitted by law, you agree that we own, and you waive any rights you may have to, anything installed in or affixed to the Goods, including any rights you might otherwise have under Part 3.3 of the PPSA.
Appears in 1 contract
Samples: Loan and Mortgage Agreement
PPSA. 35.1 You agree to immediately notify CNH Industrial Capital Unless otherwise defined in writing if you change your name or address or if there are any changes to any of these Terms, capitalised terms and expressions used in this clause 10 have the data relevant to same meaning as they have in the PPSA.
10.1 the Supplier may register a financing statement under Financing Statement on the PPSA Register (including before that Security Interest attaches the Goods) in respect of this Hire Purchase Agreement, including (but not restricted to), any of the information in the Goods Schedule.
35.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Hire Purchase Agreement (even before that Security Interest starts)the Contract.
35.3 You agree that CNH Industrial Capital has a 10.2 The Purchaser agrees that:
10.2.1 the Supplier’s Security Interest in the Goods, securing the amount Goods (pursuant to clause 5) secures all amounts owing by you the Purchaser to CNH Industrial Capital the Supplier under this Hire Purchase Agreement and that the Contract, and
10.2.2 The Supplier’s Security Interest extends attaches to any proceeds (as defined in the PPSA) all Proceeds of the Goods.
35.4 You agree 10.3 The Purchaser agrees to promptly do anything (for example obtaining consents, signing documents, having others sign documents, supplying information, and entering into a subordination or priority agreement arrangement with any other secured party) ), which CNH Industrial Capital the Supplier asks it to do in order to:
(a) 10.3.1 ensure that the Security Interest created arising under this Hire Purchase Agreement the Contract is perfected Perfected and otherwise effective;
(b) 10.3.2 assist CNH Industrial Capital the Supplier to exercise any right in connection with the Supplier’s Security Interest.
35.5 10.4 If you also acquire the Purchaser has a Security Interest in the Goods (for example, if you sublease them, even without consentexample under a PPS Lease or Commercial Consignment), you must the Purchaser agrees to take all steps necessary to:
(a) 10.4.1 obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interestPurchase Money Security Interest in the timeframes specified in the PPSA to ensure that it has priority and noting that the Security Interest is a Purchase Money Security Interest when registering the relevant Financing Statement); and
(b) 10.4.2 reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's the Supplier’s Security Interest or your Security Interest.the Purchaser’s
35.6 You agree 10.5 The Purchaser agrees that any exercise by CNH Industrial Capital the Supplier 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.
35.7 You certify 10.6 The Purchaser certifies that the Goods will be held by you it in the furtherance of an enterprise to which an Australian business number has been allocated.,
35.8 You waive 10.7 The Purchaser waives any right you which it may have at any time (including under s157 of the PPSA) to receive a copy of a verification statement Verification Statement or any other notice contemplated in by the PPSA.
35.9 You waive your 10.8 The Purchaser waives any right which it may have to receive anything from CNH Industrial Capital the Supplier under s275 of the PPSA, and agree agrees to not to make any request of CNH Industrial Capital the Supplier under that section. You The Purchaser and the Supplier agree with CNH Industrial Capital for the purposes of s275(6)(a) of the PPSA that neither it nor you party will disclose any information of the any kind mentioned in s275(1s275 (1) of the PPSA (except as provided for in s275(7s275 (7)).
35.10 You authorise 10.9 The Purchaser appoints the Supplier as its authorised representative for the purpose of obtaining, and request CNH Industrial Capital pursuant authorises it to s275(7)(c) of the PPSA to obtain obtain, from the holder of any other Security Interest in the Goods any other
10.10 The parties hereby contract out of each provision of the information PPSA which S115 permits, except sections 123, 126, 128, 134 and 135. Nothing in this clause or the provisions of the PPSA referred to in s275(1) the preceding sentence shall derogate from the terms of the PPSA relevant to that Security InterestContract. Where relevant, the Supplier may determine whether it exercises a particular right of power under a provision of the Contract or under the PPSA.
Appears in 1 contract
Samples: Terms and Conditions of Sale
PPSA. 35.1 33.1 You agree to immediately notify CNH Industrial Capital 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 Hire Purchase AgreementFinance Lease, including (but not restricted to), any of the information in the Goods Schedule.
35.2 CNH Industrial Capital 33.2 We may register any Security Interest which it considers arises out of this Hire Purchase Agreement Finance Lease (even before that Security Interest starts).
35.3 33.3 You agree that CNH Industrial Capital has we have a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital us under this Hire Purchase Agreement Finance Lease and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods.
35.4 33.4 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 we ask to:
(a) ensure that the Security Interest created under this Hire Purchase Agreement Finance Lease is perfected and otherwise effective;
(b) assist CNH Industrial Capital us to exercise any right in connection with the Security Interest.
35.5 33.5 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:
(a) obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and
(b) reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's our Security Interest or your Security Interest.
35.6 33.6 You agree that any exercise by CNH Industrial Capital 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.
35.7 33.7 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.
35.8 33.8 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.
35.9 33.9 You waive your right to receive anything from CNH Industrial Capital us under s275 of the PPSA, and agree not to make any request of CNH Industrial Capital us under that section. You agree with CNH Industrial Capital 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)).
35.10 33.10 You authorise and request CNH Industrial Capital us 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.
33.11 Pursuant to s115 of the PPSA, you and our 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 a right provided for in this Fully Maintained Operating Rental Agreement on the part of us).
33.12 To the extent permitted by law, you agree that we own, and you waive any rights you may have to, anything installed in or affixed to the Goods, including any rights you might otherwise have under Part 3.3 of the PPSA.
Appears in 1 contract
Samples: Finance Lease Agreement
PPSA. 35.1 33.1 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 Hire Purchase AgreementFinance Lease, including (but not restricted to), any of the information in the Goods Schedule.
35.2 33.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Hire Purchase Agreement Finance Lease (even before that Security Interest starts).
35.3 33.3 You agree that CNH Industrial Capital has a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital under this Hire Purchase Agreement Finance Lease and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods.
35.4 33.4 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 Hire Purchase Agreement Finance Lease is perfected and otherwise effective;
(b) assist CNH Industrial Capital to exercise any right in connection with the Security Interest.
35.5 33.5 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:
(a) obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and
(b) reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's Security Interest or your Security Interest.
35.6 33.6 You agree that any exercise by CNH Industrial Capital 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.
35.7 33.7 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.
35.8 33.8 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.
35.9 33.9 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)).
35.10 33.10 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.
33.11 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 and 134(1) do not apply to the extent that they would derogate a right provided for in this Fully Maintained Operating Rental Agreement on the part of CNH Industrial Capital).
33.12 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 the Goods, including any rights you might otherwise have under Part 3.3 of the PPSA.
Appears in 1 contract
Samples: Finance Lease Agreement
PPSA. 35.1 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 Hire Purchase Agreement, including (but not restricted to), any of the information in the Goods Schedule.
35.2 CNH Industrial Capital may register any Security Interest which it considers arises out of this Hire Purchase Agreement (even before that Security Interest starts).
35.3 You agree that CNH Industrial Capital has a Security Interest in the Goods, securing the amount owing by you to CNH Industrial Capital under this Hire Purchase Agreement and that the Security Interest extends to any proceeds (as defined in the PPSA) of the Goods.
35.4 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 Hire Purchase Agreement is perfected and otherwise effective;
(b) assist CNH Industrial Capital to exercise any right in connection with the Security Interest.
35.5 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:
(a) obtain the highest ranking priority possible in respect of that Security Interest (such as duly perfecting a purchase money security interest); and
(b) reduce as far as possible the risk of a third party acquiring an interest in the Goods free of CNH Industrial Capital's Security Interest or your Security Interest.
35.6 You agree that any exercise by CNH Industrial Capital 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.
35.7 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.
35.8 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.
35.9 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)).
35.10 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.
35.11 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 and 134(1) do not apply to the extent that they would derogate from a right provided for in this Agreement on the part of CNH Industrial Capital).
35.12 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 the Goods, including any rights you might otherwise have under Part 3.3 of the PPSA.
Appears in 1 contract
Samples: Hire Purchase Agreement