Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which ▇▇▇▇▇▇▇ may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rights: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA.

Personal Property Securities Act. 15.1 2009 (“PPSA”) 19.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “clause financing statement” and “, financing change statement”, have security agreement, and security interest has the meanings meaning given to them it by the PPSA.. Terms of Hire - V1.0 03/2022 HMC Group Solutions Pty Ltd | 20624155086 15.2 The Customer acknowledges, consents 19.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that: (a) an Agreement constitutes that these terms and conditions constitute a security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms PPSA and Conditions creates a security interest in any personal property of all Equipment that has previously been supplied and that will be supplied in the Customer which is otherwise charged future by these Terms and Conditions;HMC Group Solutions to the Client. 19.3 The Client undertakes to: (ca) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any further documents and and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ▇▇▇▇▇▇▇ HMC Group Solutions may reasonably require to properly to: (i) register a financing statement or financing change statement in relation to a security interest on the PPSR or PPSR; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 19.3(a)(i) or 19.3(a)(ii); (fb) it will indemnify, and upon demand reimburse, HMC Group Solutions for all expenses incurred in registering a financing statement or financing change statement on the PPSR established by the PPSA or releasing any Equipment charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of HMC Group Solutions; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clauseHMC Group Solutions. 15.3 To 19.4 HMC Group Solutions and the extent permitted Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by lawthese terms and conditions. 19.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA. 19.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 19.7 Unless otherwise agreed to in writing by HMC Group Solutions, the Customer agrees that it Client waives its rights: (a) their right to receive a verification statement in accordance with section 157 of the PPSA or PPSA. 19.8 The Client must unconditionally ratify any actions taken by HMC Group Solutions under clauses 19.3 to otherwise receive notice 19.5. 19.9 Subject to any express provisions to the contrary (including those contained in this clause 14), nothing in these terms and conditions is intended to have the effect of contracting out of any of the registration provisions the PPSA. 19.10 Only to the extent that the hire of any the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 14 apply as a security interest on agreement in the PPSR; and (b) to receive notices or statements under sections 95form of a PPS Lease in respect of Section 20 of the PPSA, 118, 121(4), 130, 132(3)(d), 132(4) and 135 in all other matters this clause 14 will apply generally for the purposes of the PPSA.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that:‌ (a) an Agreement constitutes The Customer consents to EEI effecting a registration on the register in relation to any security agreement for interest arising under or in connection with or contemplated by the purposes Agreement. The Customer waives the right to receive notice of a verification statement in relation to any registration on the PPSA;register. (b) an agreement incorporating these Terms and Conditions creates The Customer must: (1) promptly do any act or thing that EEI requires to ensure that EEI’s interest is a perfected security interest and has priorityover all other security interests in any personal property of the Customer which is otherwise charged by these Terms and Conditions;Goods; and (c2) to the extent permitted upon demand, reimburse EEI for all expenses incurred by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which ▇▇▇▇▇▇▇ may reasonably require to properly register EEI in registering a financing statement or financing change statement in relation to a security interest on the PPSR PPSA register or releasing any other document required to be registered by the PPSA;Goods from EEI's security interest. (fc) it will not register a financing change statement in respect If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arisingin connection with the Agreement, the Customer agrees the following provisions of the PPSA will not apply to the enforcement of the Agreement: section 95 (notice of removal of accession), to the extent that it requires EEI to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires EEI to give a financing change notice to the Customer; paragraph 132(3)(d) (contents of statement in favour of a third party without the prior written consent account after disposal); subsection 132(4) (statement of account if no disposal); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement). (d) ▇▇▇▇▇▇▇▇ agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPSA except in circumstances required by paragraphs 275(7)(b)-(e). (e) In this clause 21: (1) a reference to Goods means the original Goods supplied and also includes proceeds and commingled property when the context permits; and (g2) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by lawfollowing words have the respective meanings given to them in the PPSA: financing statement, the Customer agrees that it waives its rights: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any financing change statement, perfected, proceeds, register, registration, security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSAverification statement.

Personal Property Securities Act. 15.1 2009 (Cth) 14.1 In this clause, unless clause 14: 14.2 The retention of title arrangement in this Agreement constitutes the context requires otherwise, the phrases “grant of a purchase money security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them interest by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement for the purposes in favour of the PPSA; (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which ▇▇▇▇▇▇▇ may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without all present and after acquired goods supplied to the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken Customer by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted 14.3 The Customer must immediately, if requested by law▇▇▇▇▇▇, the sign any documents, provide all necessary information and do anything else required by ▇▇▇▇▇▇ to ensure that ▇▇▇▇▇▇’▇ purchase money security interest is a perfected security interest. 14.4 The Customer agrees will not enter into any security agreement that it waives its rights: (a) permits any other person to receive a verification statement in accordance with section 157 of the PPSA have or to otherwise receive notice of the registration of register any security interest on in respect of the PPSR; andgoods or any proceeds from the sale of the goods until ▇▇▇▇▇▇ has perfected its purchase money security interest. (b) 14.5 For any goods supplied that are not goods that are used predominately for personal, domestic or household purposes, the parties agree to receive notices or statements under sections contract out of the application of ss 95, 118, 121(4), 130, 132(3)(d132(4), 132(4135, 142 or 143 of the PPSA in relation to the goods. 14.6 The Customer hereby waives any rights the Customer may otherwise have to: (1) receive any notices the Customer would otherwise be entitled to receive under ss 95, 118, 121, 130, 132 or 135, (2) apply to a Court for an order concerning the removal of an accession under section 97, (3) object to a proposal of the Customer to purchase or retain any collateral under ss 130 and 135 135, (4) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest Rothar may have in goods supplied to the Customer from time to time 14.7 For the purposes of this clause, “PPSA” means the Personal Property Securities Act 2009. The expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest”, and “verification statement” have the meanings given to them under, or in the context of the PPSA. References to sections are the sections of the PPSA.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the 2009 (PPSA. 15.2 The Customer acknowledges, consents and agrees that:) (a) an Agreement constitutes The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA;PPSA and create a security interest in all goods that have previously been supplied and that will be supplied in the future by ARK to the Customer. (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the The Customer which is otherwise charged by these Terms and Conditions;undertakes to: (ci) to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any further documents and and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ▇▇▇▇▇▇▇ ARK may reasonably require to properly to; (a) register a financing statement or financing change statement in relation to a security interest on the PPSR or Personal Property Securities Register; (b) register any other document required to be registered by the PPSAPPSA ; or (c) correct a defect in a statement referred to in clause 9(b)(i)(a) or (b); (fii) it will indemnify, and upon demand reimburse, ARK for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register established by the PPSA or releasing any goods and/or services charged thereby; (iii) not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; andARK; (giv) it will unconditionally ratify any actions taken not register, or permit to be registered, a financing statement or financing charge statement in relation to the goods and/or services in favour of a third party, without the prior written consent of ARK. (c) ARK and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. (d) The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. (e) The Customer waives their rights as a grantor and/or a debtor under section 142 and 143 of the PPSA. (f) Unless otherwise agreed to in writing by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rights: (a) the right to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice PPSA. (g) If it is held that section 125 of the registration of PPSA must apply, the Customer agrees that at any time after any security interest on provided for by these terms and conditions has become enforceable, ARK may delay taking action to retain the PPSR; andwhole or part of the collateral, to the extent permitted by law. (bh) The Customers right to receive notices possession of goods still owned by ARK shall cease if: ( i) the Customer being an individual, commits an act of bankruptcy; ( ii) the Customer being a company, circumstances arise where a receiver, manager, administrator, liquidator or statements under sections 95controller becomes entitled to take possession of any of its assets, 118any proceedings are instituted for winding up, 121(4)or the Customer enters into a deed of arrangement ; ( iii) the Customer ceases or threatens to cease conducting business in the normal manner, 130or applies for deregistration or receives a deregistration notice; ( iv) any cheque the Customer provides to ARK is dishonoured; ( v) the Customer fails to comply with any demand for payment issued by ARK, 132(3)(d)or ( vi) the Customer breaches any of these terms and conditions. (i) The Customer must unconditionally ratify any actions taken by in terms of this clause. (j) Subject to any express provisions to the contrary, 132(4) nothing in these terms and 135 conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 15.1 In (a) Terms defined in the PPSA have that meaning in this clause. (b) The Client acknowledges that title in any goods supplied under the Contract does not pass to the Client until the full Contract Sum for the Works has been paid, unless however risk in the context requires otherwiseWorks passes once the Works have left the Contractor’s premises. (c) The Contractor will be entitled to remove goods from any premises owned or occupied by the Client (whether or not the goods are affixed) following a default of the performance of the Contract by the Client and the Client agrees: (i) to procure appropriate acknowledgements from any owner, landlord or mortgagee of the premises, in a form reasonably required by the Contractor, to ensure that the Contractor’s interest in the goods, its rights to remove the goods from the premises, and its right to enter the premises for that purpose, are acknowledged; and (ii) to detach, or procure the detachment of, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have goods from the meanings given to them premises following such a default by the PPSAClient. 15.2 (d) The Customer acknowledges, consents Client agrees that the terms of this Contract may constitute one or more Security Interests for the purpose of the PPSA and agrees that: (a) an Agreement constitutes a security agreement for the purposes of the PPSA; (b) an agreement incorporating these Terms and Conditions creates a security interest in any personal property of the Customer which is otherwise charged by these Terms and Conditions; (ci) to perfect any such Security Interest the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ Contractor may register a security interest created under an Agreement financing statement(s) on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceableRegister; (eii) it will promptly sign any documents and provide any further information which ▇▇▇▇▇▇▇ may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rights: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements Client shall have no rights under sections 95, 118, 121(4), 125, 130, 132(3)(d132, 135 142 and 143 of the PPSA; (iii) the application of Part 4.3 (other than sections 123, 124, 126, 128, 129(1), 132(4133, 134(1) and 135 136) of the PPSA is contracted out of if that Part would apply by virtue of section 116(2) of the PPSA; and (iv) the Client waives its right to receive notice of a verification statement under section 157 of the PPSA. (e) The Client must promptly on request by the Contractor / Client Contractor provide any such information and execute and deliver any such documents as the Contractor may reasonably require to protect the Security Interests granted to the Contractor by the Client under or in relation to this Contract.

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledges, consents and agrees that: (a) an Agreement constitutes a security agreement The Customer must, at its cost, do or cause to be done anything (such as obtaining consents, completing, signing and producing documents and supplying information) which Pinpoint Communications requests and considers necessary or desirable for the purposes of of: 1. Ensuring that each security interest provided by this Agreement is enforceable, attached, perfected, protected and otherwise effective; 2. Enabling Pinpoint Communications to apply for any registration, or give any notification, in connection with each such security interest so that that security interest has the PPSA;priority required by Pinpoint Communications; and 3. Enabling Pinpoint Communications to exercise rights in connection with each such security interest. (b) an agreement incorporating these Terms The Customer acknowledges and Conditions creates a agrees that Pinpoint Communications may register one or more financing statements in relation to any security interest in any personal property of provided for by this Agreement. If permitted by the PPSA, the Customer which is otherwise charged by these Terms and Conditions;waives its right to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement: (c) To the extent that Chapter 4 of the PPSA would otherwise apply, the Customer and Pinpoint Communications agrees that the following provisions of the PPSA do not apply: 1. To the extent that section 115(1) of the PPSA allows them to be excluded: sections 95, 118, 121(4), 125, 129(2) and (3), 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and 2. In addition, to the extent that section 115(7) of the PPSA allows them to be excluded: sections 127, 129(2) and (3), 132, 134(2), 135, 136(3), 136(4), 136(5) and 137. 3. The Customer agrees that at any time after any security interest provided for by this Agreement has become enforceable, Pinpoint Communications may delay disposing of, or taking action to retain, the whole or part of the relevant property to the extent permitted by law, sections 96, 117 and 125 of the PPSA do not apply to an Agreement which is a security agreement;. (d) ▇▇▇▇▇▇▇ may register a agreed to by Pinpoint Communications in writing, the Customer acknowledges and agrees that Pinpoint Communications has not agreed to subordinate any security interest created under an provided for by this Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable;in favour of any third party. (e) it will promptly sign any documents and provide any further Subject to section 275(7) of the PPSA, neither the Customer nor Pinpoint Communications may disclose information which ▇▇▇▇▇▇▇ may reasonably require of the kind referred to properly register a financing statement or financing change statement in relation section 275(1) of the PPSA, nor is Pinpoint Communications not required to respond to a security interest on the PPSR or any other document required to be registered by request for information made in accordance with section 275(1) of the PPSA;, unless otherwise agreed in writing. (f) it will not register a financing change statement For the purposes of this Agreement, terms defined in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rights: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of have the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA.same meaning in this Agreement

Personal Property Securities Act. 15.1 In this clause, unless the context requires otherwise, the phrases “security interest”, “security agreement”, “financing statement” and “financing change statement”, have the meanings given to them by the PPSA. 15.2 The Customer acknowledgesacknowledges that any agreement entered into between TAE and the Customer in connection with Goods supplied (including, consents without limitation, pursuant to any leasing arrangements) and/or Services rendered in connection with these Terms and agrees that: (a) an Agreement constitutes Conditions may constitute a security agreement for the purposes of section 20 of the Personal Property Securities ▇▇▇ ▇▇▇▇ (Cth) (PPSA; ) and that a security interest and/or purchase money security interest may exist in certain Goods (band their proceeds) an agreement incorporating previously supplied by TAE to the Customer (if any) and in certain future Goods (and their proceeds) supplied by TAE to the Customer. The Customer must execute documents and do such further acts as may be required by TAE to register any security interest and/or purchase money security interest granted to TAE under these Terms and Conditions creates a security interest in any personal property under the PPSA. Until ownership of goods passes, the Customer which is otherwise charged by these Terms and Conditions; (c) to the extent permitted by law, sections 96, 117 and 125 waives its following rights under Chapter 4 of the PPSA do not apply to an Agreement which is a security agreement; (d) ▇▇▇▇▇▇▇ may register a security interest created under an Agreement on the Personal Property Securities Register (PPSR) and the Customer agrees to do all things necessary to affect such a registration and ensure that such a security interest is enforceable; (e) it will promptly sign any documents and provide any further information which ▇▇▇▇▇▇▇ may reasonably require to properly register a financing statement or financing change statement in relation to a security interest on the PPSR or any other document required to be registered by the PPSA; (f) it will not register a financing change statement in respect of a security interest or a financing change statement in favour of a third party without the prior written consent of ▇▇▇▇▇▇▇; and (g) it will unconditionally ratify any actions taken by ▇▇▇▇▇▇▇ under this clause. 15.3 To the extent permitted by law, the Customer agrees that it waives its rightsto: (a) to receive a verification statement in accordance with section 157 of the PPSA or to otherwise receive notice of the registration of any security interest on the PPSR; and (b) to receive notices or statements under sections 95, 118, 120, 121(4), 123, 125, 129, 130, 132(3)(d135(2) AND 157(1), 132(4; (b) receive statements of account under sections 132(2) and 135 132(4); (c) object to any proposals under section 137(2)’ (d) redeem the goods under section 142; or (e) reinstate the security agreement under section 143. Unless ownership of the Goods passes, the Customer must not give to TAE a written demand or allow any other person to give TAE a written demand requiring TAE to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA Without limiting any other rights of TAE, the Customer irrevocably grants to TAE the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if TAE has cause to exercise TAE’s rights to repossess Goods (including, without limitation, under sections 123 and/or 128 of the PPSA) and the Customer indemnifies TAE from any claims made by any third party as a result of such exercise.