Application of the PPSA Sample Clauses

Application of the PPSA. The Buyer acknowledges and agrees that: (a) OjiFS has a security interest under the PPSA in all the Goods supplied by ▇▇▇▇▇ under these Terms and any Related Terms as security for payment of the Amount Owing; (b) the Buyer acknowledges that it has received value from ▇▇▇▇▇ as at the date of first delivery of the Goods and has not agreed to postpone the time for attachment of the security interest granted to ▇▇▇▇▇ under these Terms; (c) these Terms and each security interest created under these Terms is a continuing security, unaffected by any intermediate payments or anything else whatsoever other than a written release signed by ▇▇▇▇▇ and is in addition to, and not to be merged in, any other security agreement, guarantee or other agreement (present or future) expressed or intended to be security for any amounts owing to OjiFS in respect of the Goods; (d) no security interest created under these Terms is discharged, nor are the Buyer’s obligations affected by any amendment to, or the validity or enforceability of, or failure to enforce, these Terms, or anything else whatever that, but for this clause, may have discharged these Terms or affected the Buyer’s obligations under these Terms; (e) the Buyer will, at its own cost, promptly provide all information and do all things that OjiFS may require to ensure that OjiFS has perfected security interests in respect of the Goods under the PPSA or otherwise to secure to OjiFS the full benefit of its intended rights under these Terms; and (f) the Buyer waives its rights under the PPSA to receive copies of any verification statement or financing change statement.

Application of the PPSA. 7.1 The Customer acknowledges and accepts that FocusNet may register under the PPSA any Security Interest it has in any FocusNet Equipment or Purchased Equipment. 7.2 The Customer waives its right under section 157 of the PPSA to receive notice of any verification of the registration. 7.3 The Customer must not: (a) create any form of Security Interest over the FocusNet Equipment in favour of any third party; (b) register, or permit to be registered, a financing statement or financing change statement in respect of a Security Interest contemplated or constituted by this Agreement without FocusNet‟s prior written consent; or (c) register, or permit to be registered, a financing statement or financing change statement in relation to the FocusNet Equipment in favour of any third party without FocusNet‟s prior written consent.

Application of the PPSA. 8.1 The Buyer agrees that Timken has a security interest over: (a) the Products purchased from the Company; (b)any proceeds of the Products purchased; and (c) any product or mass that the Product purchased may be or become attached to or part of, (together, the Collateral). 8.2 The Buyer acknowledges that Timken may register a financing statement in relation to its security interest. The Buyer waives any right the Buyer has under the PPSA to receive notice in relation to registration of the security interest. 8.3 If the Buyer defaults in the timely performance of any obligation owed to Timken, Timken may enforce its security interest in any Collateral by exercising all or any of its rights under the Agreement, the general law or the PPSA.

Application of the PPSA. 23.1 In this clause 23, PPSA means the Personal Property Securities 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. 23.2 This clause applies to the extent that the ENCOPARTS’ interest in any Goods is a security interest. 23.3 The Buyer acknowledges and agrees that ENCOPARTS may apply to register a security interest in the Goods at any time before or after delivery of the Goods. The Buyer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. 23.4 The Buyer must not: (a) create any form of security interest over the Goods in favour of any third party. register, or permit to be registered, a financing statement or financing change statement in respect of a security interest contemplated or constituted by the Contract without ENCOPARTS’ prior written consent; or (b) register, or permit to be registered, a financing statement or financing change statement in relation to the Goods in favour of any third party without ENCOPARTS’ prior written consent. 23.5 ENCOPARTS can apply amounts it receives from the Buyer towards amounts owing to it in such order as ENCOPARTS chooses. 23.6 If the Buyer defaults in the performance of any obligation owed to ENCOPARTS under the Contract or any other agreement for ENCOPARTS to supply Goods to the Buyer, ENCOPARTS may enforce its security interest in any Goods by exercising all or any of its rights under the Contract or the PPSA. To the maximum extent permitted by law, the Buyer and ▇▇▇▇▇▇▇▇▇ agree that the following provisions of the PPSA do not apply to the enforcement by ENCOPARTS of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 23.7 The Buyer and ▇▇▇▇▇▇▇▇▇ agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA. The Buyer waives any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of such information. 23.8 The Buyer must promptly do anything required by ENCOPARTS to ensure that ENCOPARTS’ security interest is a perfected security interest and has priority over all other security interests in the Goods. 23.9 Nothing in this clause is limited by any other provision of the Contract or any other agreement between the Parties.

Application of the PPSA. The Contractor may create and register a Purchase Money Security Interest under the PPSA for any and all Goods and Services remaining unpaid and that the Customer agrees to waive the right to receive a verification statement for purposes of s.148 of the Act. The Customer shall inform any Trustee in Bankruptcy or Liquidator of the Customer or any Receiver of the Customer’s property or assets of the rights of the Contractor. The Security Agreement is a continuing security and will operate irrespective of any intervening payment or settlement of account until a release has been signed by the Contractor. The security interest granted in the Collateral has the same priority in relation to any and all of the Goods and Services supplied to the Customer by the Company at any time.

Application of the PPSA. 15.1 In this clause 15, PPSA means the Personal Property Securities ▇▇▇ ▇▇▇▇ (Cth). If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause. 15.2 This clause 15 applies to the extent that TPCH’s interest in any Goods is a security interest. 15.3 The Goods are as defined by this Agreement. 15.4 The Hirer acknowledges and agrees that TPCH may apply to register a security interest in the Goods at any time before or after pick-up of the Goods. The Hirer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. 15.5 TPCH can apply amounts it receives from the Hirer towards amounts owing to it in such order as TPCH elects. 15.6 If the Hirer defaults in the performance of any obligation owed to TPCH under this Agreement or any other agreement for TPCH to supply Goods to the Hirer, TPCH may enforce its security interest in any Goods by exercising all or any of its rights under this Agreement or the PPSA. To the maximum extent permitted by law, the Hirer and TPCH agree that the following provisions of the PPSA do not apply to the enforcement by TPCH of its security interest in the Goods: sections 95, 118, 120, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 15.7 The Hirer and TPCH agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b) to (e) of the PPSA. 15.8 The Hirer must promptly do anything required by TPCH to ensure that TPCH’s security interest is a perfected security interest and has priority over all other security interests in the Goods. 15.9 Nothing in this clause 15 is limited by any other provision of this Agreement or any other agreement between the parties.

Application of the PPSA. 5.1 The Customer acknowledges and agrees that the Supplier may apply to register a security interest in the Goods at any time before or after delivery of the Goods or installation of the Product. The Customer waives its right under s 157 of the PPSA to receive notice of any verification of the registration. 5.2 The Supplier can apply amounts it receives from the Customer towards amounts owing to it in such order as the Supplier chooses. 5.3 If the Customer defaults in the performance of any obligation owed to the Supplier under these Conditions or any other agreement for the Supplier to supply Goods to the Customer, the Supplier may enforce its security interest in any Goods by exercising all or any of its rights under these Conditions or the PPSA. To the maximum extent permitted by law, the Customer and the Supplier agree that the following provisions of the PPSA do not apply to the enforcement by the Supplier of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143. 5.4 The Customer and the Supplier agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA. 5.5 The Customer must promptly do anything required by the Supplier to ensure that the Supplier’s security interest is a perfected security interest and has priority over all other security interests in the Goods. 5.6 Nothing in this clause is limited by any other provision of the Agreement or any other agreement between the parties.

Application of the PPSA. The Council and the Trustee: