PPSR. (a) If the Company pays any part of the Price prior to the delivery of the Goods to the Company:
(i) the Supplier grants a charge over the Goods (and any materials purchased for incorporation into the Goods) to secure the obligations owed by the Supplier to the Company; and
(ii) the Supplier must not grant to any other person a Security Interest in those Goods.
(b) The Supplier consents to the Company making and maintaining a registration on the Personal Property Securities Register in any manner the Company considers appropriate in relation to any Security Interest granted in the Purchase Agreement.
(c) The Supplier waives its right to receive notice of any registration events to which section 157(3)(a) of the PPSA applies.
PPSR. 10.1 In this clause 10, words and phrases that have defined meanings in the Personal Property Securities Xxx 0000 (Cth) (PPSA) have the same meanings as ascribed to them in the PPSA and reference to a section is a reference to a section of the PPSA.
10.2 As security for performance of the Grantor’s obligations pursuant to this deed, including payment of the Profit Share, the Grantor grants to Newhaul the right to register a security interest in respect of its interests pursuant to this deed.
10.3 The Grantor must notify Newhaul at least fourteen (14) days before the Grantor changes the Grantor’s name, place of registration or incorporation or apply for an ACN or ABN pursuant to which an interest in any of the collateral specified in this deed is, or will be, held.
10.4 The parties agree that, pursuant to section 275(6), neither party will request or be obliged to disclose information of the kind mentioned in section 275(1).
10.5 The Grantor irrevocably agrees:
(a) that Newhaul may register the security interest granted pursuant to clause 9.2 on the Personal Property Securities Register (and any successor register) in any manner Newhaul considers appropriate and that any reasonable costs incurred in registering, amending or releasing will be charged to the Grantor;
(b) as a grantor pursuant to the PPSA, the Grantor has waived the Grantor’s rights to receive any notice required by any provision of the PPSA (including a notice of a verification statement) to the maximum extent that such a right can be excluded; and
(c) to the extent the law permits, section 143 is excluded, and that Newhaul, as secured party, need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4).
PPSR. 10.1. The Client acknowledges that title to the hire Equipment remains with the Supplier at all times.
10.2. Equipment purchased from the Supplier remains the property of the Supplier until the Client has paid all charges in full then owing from the Client to the Supplier.
10.3. The Client agrees that the hire of the Equipment may, and that the acquisition of the Equipment does, create a security interest in the Equipment to secure the full payment of all moneys payable to the Supplier and the performance by the Client of all of its other obligations to the Supplier. To the extent the Agreement constitutes a security agreement for the purposes of the PPSA and the provisions of clauses
PPSR. 13.1 Terms used in this clause are defined in the Personal Property Securities Xxx 0000 (Cth).
13.2 If you request the supply of products or goods on credit terms, or are supplied Goods prior to payment in full, then
(a) CYBERTRACE will retain title to such Goods until you have paid for those Goods in full.
(b) You grant to CYBERTRACE a purchase moneysecurity interest (“PMSI”) in those Goods; and
(c) You indemnify CYBERTRACE for the cost of registration and enforcement of the PMSI.
PPSR. 14.1 The Hirer acknowledges that the hire of the Equipment may constitute a PPS Lease within the meaning of the PPSA.
14.2 Where the hire of the Equipment gives rise to a PPS Lease then the Hirer consents to the Owner perfecting its interest in the Equipment by entering a registration on the PPSR at the cost of the Hirer.
14.3 If requested by the Owner, the Hirer will promptly:
(a) provide all necessary information for the Owner to register its interest on the PPSR;
(b) provide access to the Equipment if reasonably required by the Owner for the purpose of perfecting its interest in the Equipment on the PPSR;
(c) grant access to the Owner to any private property upon which the Equipment is stored, if the Owner is required to take control of the Equipment to perfect or enforce its security interest.
14.4 The Hirer must not lease, bail or part with possession, dispose of or otherwise deal with the Equipment nor allow any security interests to be created on the PPSR in respect of the Equipment during the Hire Period.
14.5 If the Hirer fails to comply with Clause 14.4 the Hirer acknowledges and agrees:
(a) The Owner has not authorised the disposal or agreed the dealing extinguishes the Owner’s security interest;
(b) The Owner’s security interest continues in, and remains attached to, the Equipment;
(c) If the Owner loses title to or possession of the Equipment then the Hirer must reimburse the Owner for the cost of Equipment along with any costs incurred by the Owner in attempting to regain possession or control of the Equipment.
14.6 As the Grantor of a security interest under the PPSA, the Hirer waives the following rights:
(a) to receive notice of registration of a verification statement under section 157 of the PPSA upon registration of any security interest,
(b) a notice under section 95 of the PPSA;
(c) a notice under section 123 of the PPSA,
(d) a notice under sections 129 and 130 of the PPSA,
(e) a notice under sections 134 and 135 of the PPSA, and
(f) a statement under section 142 of the PPSA.
14.7 The terms grantor, perfect, security interest and control have the meanings given to them in the PPSA.
PPSR. In order to secure your obligations under this Agreement, including any obligation to pay any amount to us, you:
(a) acknowledge that this Agreement constitutes a Security Agreement for the purposes of the PPS Act;
(b) grant to us a Security Interest in respect of all Products sold, supplied, leased, bailed or otherwise provided or made available to you by us and any proceeds thereof;
(c) consent to us perfecting such Security Interest by registration on the PPSR, including as a Purchase Money Security Interest;
(d) undertake to do all things reasonably necessary or required by us to assist us in perfecting the registration of the Security Interest on the PPSR; and
(e) waive, to the extent permitted by the PPS Act, its right to receive any notice of a verification statement or any other notice us would otherwise be required to give under the PPS Act.
PPSR. The Seller may register on the Personal Property Securities Register a security interest in the form of a Purchase Money Security Interest in this Guarantee and that such security interest shall include all present and after-acquired property.
PPSR. You grant to us a personal property security in the goods and all goods previously supplied by us to you (if any) and all after acquired goods supplied by us. You acknowledge that this security interest a monetary obligation of yours to us for the Services we provide you under this Agreement from time to time.
PPSR. 11.1. You acknowledge and agree that Ellenby Tree Farm may apply and register a security interest in the Deliverables at any time before or after delivery of the Deliverables or installation of the product.
11.2. You waive Your rights under s157 of the PPSA to receive notice of any verification of the registration.
11.3. If You default in the performance of any obligation owed to Ellenby Tree Farm under this agreement, Ellenby Tree Farm may enforce its security interest in any Deliverables by exercising all or any of its rights under these Conditions or the PPSA. To the maximum extent permitted by law.
11.4. Ellenby Tree Farm and You agree not to disclose information of the kind mentioned in s275(1) of the PPSA, expect in circumstances required by section 275(7)(b)-(e) of the PPSA.
11.5. You must promptly do anything required by Ellenby Tree Farm to ensure that Ellenby Tree Farm’s security interest are held as a priority over all other security interests in the Goods.
PPSR
