Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. The Customer acknowledges that this Agreement creates a security interest in the Cabin as security for the Customer’s obligations to the Lessor under this Agreement and that the security interest is registrable on the Personal Property Securities Register. The Customer indemnifies the Lessor against any costs the Lessor incurs in maintaining its security interest in the Cabin and exercising any of its rights under Part 9 of the PPSA. If Part 9 of the PPSA applies to the security interest created by this Agreement the Customer waives its rights under the PPSA to: receive a notice of sale of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ receive notice of the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148. The Customer agrees that the Lessor may exercise its powers under sections 108, 111(1) and 120(1) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected to the Cabin and any accessories which shall be affixed to the Cabin shall become part of the Cabin for the purposes of this Agreement.

Appears in 1 contract

Sources: Lease Agreement

Personal Property Securities Act. (a) The Customer acknowledges that this Agreement creates consents to EEI effecting a registration on the PPSR in relation to any security interest arising under or in connection with or contemplated by the Agreement. The Customer waives the right to receive notice of a verification statement in relation to any registration on the register. (b) 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 priority over all other security interests in the Cabin as security for the Customer’s obligations to the Lessor under this Agreement and that Goods. (2) not register a financing change statement in respect of the security interest is registrable on the Personal Property Securities Register. The Customer indemnifies the Lessor against any costs the Lessor incurs without ▇▇▇’s prior written consent. (3) upon demand, reimburse EEI for all expenses incurred by EEI in maintaining its security interest in the Cabin and exercising any of its rights under Part 9 of the PPSA. If Part 9 of the PPSA applies to the security interest created by this Agreement the Customer waives its rights under the PPSA to: receive a notice of sale of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ receive notice of the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of registering a financing statement or a financing change statement relating on the PPSA register or releasing any Goods from EEI's security interest. (c) EEI reserves the right to this Agreement or enter upon any site for the repossession of Goods supplied by EEI without prejudice to any other rights of recovery available. (d) If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security it creates under section 148. The interest arising in 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 Lessor Customer; section 96 (when a person with an interest in the whole may exercise its powers under sections 108retain an accession); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), 111(1to the extent that it requires EEI to give a notice to the Customer; paragraph 132(3)(d) and 120(1(contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement). (e) ▇▇▇ agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPSA whether or not except in circumstances required by paragraphs 275(7)(b)-(e). (f) In this clause 19: (1) a reference to Goods means the Lessor has priority over any original Goods supplied and also includes proceeds and commingled property when the context permits and, the Goods will include "other secured parties. Any additions or improvements which shall be effected goods" as classified under the PPSA; and (2) the following words have the respective meanings given to them in the Cabin PPSA: financing statement, financing change statement, perfected, proceeds, register, registration, security interest and any accessories which shall be affixed to the Cabin shall become part of the Cabin for the purposes of this Agreementverification statement.

Appears in 1 contract

Sources: Sale and Purchase Agreement

Personal Property Securities Act. 2009 (PPSA) 16.1 The Customer acknowledges that this Agreement creates consents to G R Plant Hire affecting and maintaining a registration on the register (in any manner G R Plant Hire considers appropriate) in relation to any security interest contemplated or constituted by this Hire Agreement in the Cabin as Goods and the proceeds arising in respect of any dealing in the Goods and the Customer agree to sign any documents and provide all assistance and information to G R Plant Hire required to facilitate the registration and maintenance of any security interest (including any purchase money security interest). 16.2 The Customer and G R Plant Hire agree to contract-out of the PPSA in accordance with section 115 to the extent that section applies for the Customer’s obligations to the Lessor under this Agreement benefit of, and that the security interest is registrable does not impose a burden on the Personal Property Securities RegisterG R Plant Hire. The Customer indemnifies the Lessor against waives its right to receive a copy of any costs the Lessor incurs Financing Statement or any Financing Charge Statement registered by G R Plant Hire in maintaining its security interest in the Cabin and exercising any respected of its rights under Part 9 of the PPSA. If Part 9 of the PPSA applies to the security interest created by this Agreement the these Terms and Conditions. 16.3 The Customer waives its rights under the PPSA to: receive a notice of sale of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ right to receive notice of a verification statement in relation to a registration by G R Plant Hire on the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice register. 16.4 If Chapter 4 of the removal of an accession under section 129; PPSA would otherwise apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration enforcement of a financing statement or a financing change statement relating to this Agreement or security interest arising in connection with these terms, the security it creates under section 148. The Customer agrees that the Lessor following provisions of the PPSA will not apply to the enforcement of these terms: (a) section 95: Notice of removal of accession – to the extent that it requires G R Plant Hire to give notice to the Customer; (b) section 96: When a person with an interest in the whole may exercise its powers under sections 108, 111(1retain an accession; (c) and 120(1section 121(4): Enforcement of liquid assets – notice to grantor; (d) section 125: Obligation not to dispose of or retain collateral; (e) section 130: Notice of disposal to the extent that it requires G R Plant Hire to give notice to the Customer; (f) section 132(3)(d): Contents of statement of account after disposal; (g) section 132(4): Statement of account if no disposal: (h) section 134(1): Retention of collateral; (i) section 135: Notice of retention of collateral; (j) section 142: Redemption of collateral; and (k) section 143: Reinstatement of security agreement. 16.5 G R Plant Hire agrees with the Customer not to disclose information of the kind mentioned in s 275(1) of the PPSA whether except in circumstances required by s 275(b)-(e). 16.6 The Customer agrees that, until all monies owing to G R Plant Hire are paid in full, it shall not sell or not the Lessor has priority over grant any other secured parties. Any additions security interest in the Collateral. 16.7 The Customer agrees to reimburse G R Plant Hire, upon demand, for all costs and/or expenses incurred or improvements which shall be effected payable by G R Plant Hire in relation to the Cabin and registering or maintaining any accessories which shall be affixed to the Cabin shall become financing statement, releasing in whole or in part of the Cabin for the purposes G R Plant Hire’s security interest or any other document in respect of this Agreementany security interest.

Appears in 1 contract

Sources: Hire Agreement & Security Agreement

Personal Property Securities Act. The Customer acknowledges (a) This clause applies only to the extent that this Agreement creates the Contract provides for a security interest in the Cabin as security interest’ for the Customer’s obligations to the Lessor under this Agreement and that the security interest is registrable on purposes of the Personal Property Securities Register. The Customer indemnifies the Lessor against Act 2009 (Cth) (PPSA), only in Australia, as amended. (b) Evolve Surplus may register any costs the Lessor incurs in maintaining its actual or impending security interest in any manner it considers appropriate. (c) The Customer must do anything (such as obtaining consents and signing documents) which Evolve Surplus requires for the Cabin purposes of: (i) ensuring that Evolve Surplus’s security interest is registered, enforceable, perfected and exercising otherwise effective under the PPSA; (ii) enabling Evolve Surplus to gain first priority (or any other priority agreed to by Evolve Surplus in writing) for its security interest; and (iii) enabling Evolve Surplus to exercise rights in connection with the security interest. (d) Evolve Surplus may recover from the Customer the cost of its doing anything under this clause, including but not limited to registration fees. (e) The rights of Evolve Surplus under the Contract are in addition to and not in substitution for Evolve Surplus’s rights under Part 9 of other law (including the PPSA. If Part 9 ) and Evolve Surplus may choose whether to exercise rights under these terms, and/or under any other law, as it sees fit. (f) To the extent that Chapter 4 of the PPSA applies to the security interest created by under this Agreement Contract, the Customer waives its rights under following provisions of the PPSA todo not apply and, for the purposes of section 115 of the PPSA are contracted out of this Contract in respect of all Goods to which that section can be applied: receive a section 95 (notice of sale removal of accession to the Cabin under section 114(1)(aextent it requires Evolve Surplus to give notice to the Customer); receive a section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 129(2) and 129(3); section 130 (notice of disposal to the extent it requires Evolve Surplus to give notice to the Customer); section 132(3)(d) (contents of statement of account under after disposal); section 116;‌ receive 132(4) (statement of account if no disposal); section 135 (notice of the Lessor's proposal to retain the Cabin under section 120(2retention); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under 142 (redemption of collateral); and section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice 143 (reinstatement of security agreement). (g) The following provisions of the removal PPSA confer rights on Evolve Surplus: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of an accession under collateral); section 129129 (disposal by purchase); apply to the court for an order concerning the removal and section 134(1) (retention of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148collateral). The Customer agrees that in addition to those rights, Evolve Surplus shall, if there is default by the Lessor Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Customer agrees that Evolve Surplus may exercise do so in any manner it sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. (h) The Customer waives its powers rights to receive a verification statement in relation to registration events in respect of commercial property under sections 108, 111(1) and 120(1) section 157 of the PPSA whether or not PPSA. (i) Evolve Surplus shall have the Lessor has priority over any other secured partiesright to apply payments received from the Customer as it sees fit and in such order and amounts as Evolve Surplus, in its sole discretion, may elect. Any additions or improvements which The provisions of this clause shall be effected to apply irrespective of the Cabin Customer’s designation of such payments and any accessories which shall be affixed to prior application of payments made by Evolve Surplus and / or the Cabin shall become part of the Cabin for the purposes of this AgreementCustomer.

Appears in 1 contract

Sources: Supply Agreement

Personal Property Securities Act. ‘PPSA’) 10.1. This clause applies to the extent that PQRS’s interest in respect of a hire provided for in this agreement is a ‘security interest’ for the purposes of the Personal Property Securities ▇▇▇ ▇▇▇▇ (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 10.2. PQRS may register any actual impending or likely security interest that arises under this Master Hire Agreement and in the Plant. The Customer acknowledges Hirer may not make any Claim against PQRS in respect of any registration even if it is determined that this Agreement creates PQRS should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which PQRS requires for the purposes of: a) Ensuring that PQRS’s security interest in the Cabin as Plant is enforceable, perfected and otherwise effective under the PPS Law; b) Enabling PQRS to gain first priority (or any other priority agreed to by PQRS in writing) for its security for interest; and c) Enabling PQRS to exercise rights in connection with the Customer’s obligations to the Lessor security interest. 10.3. The rights of PQRS under this Agreement document are in addition to and that not in substitution for PQRS’s rights under other law (including the PPS Law) and PQRS may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it PQRS’s security interest is registrable on will attach to proceeds. 10.4. To the Personal Property Securities Register. The Customer indemnifies the Lessor against any costs the Lessor incurs in maintaining its security interest in the Cabin and exercising any extent that Chapter 4 of its rights under Part 9 of the PPSA. If Part 9 of the PPSA applies to the any security interest created by under this Agreement agreement, the Customer waives its rights under the PPSA to: receive a notice of sale following provisions of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ receive notice of the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ PPS Law do not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148. The Customer agrees that the Lessor may exercise its powers under sections 108and, 111(1) and 120(1) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected to the Cabin and any accessories which shall be affixed to the Cabin shall become part of the Cabin for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires PQRS to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires PQRS to give a notice to the Hirer); section 129(2) and 129(3); 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 agreement). 10.5. To the extent they apply, the following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on PQRS. Hirer agrees that in addition to those rights, PQRS shall, if there is default by Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that PQRS may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or license. 10.6. 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 PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security agreements prior to the date of this agreement. 10.7. The Hirer agrees that the following provisions of the PPS Law will not apply and the Hirer will have no rights under them: section 127; section 129(2) & (3); section 130(1), section 132; section 134(2); section 135, section 136(3), (4) & (5) and section 137. 10.8. PQRS and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer waives any right it may have had under section 275(7)(c) of the PPS Law to authorize disclosure of that information. The Hirer must do everything necessary on its part to ensure that section 275(6) (a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to PQRS the benefit of section 275(6)(a) and PQRS shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 10.9. The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Plant or register a financing statement in relation to the equipment other than with the express written consent of PQRS. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Plant to anyone else unless PQRS (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to PQRS and must be expressed to be subject to the rights of PQRS under this agreement. Hirer may not vary sub-hire without the prior written consent of PQRS (which may be withheld in its absolute discretion). 10.10. The Hirer must ensure that PQRS is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Plant. 10.11. The Hirer must take all steps including registration under PPS Law as may be required to: a) Ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; b) Enabling the Hirer to gain (subject always to the rights of PQRS) first priority (or any other priority agreed to by PQRS in writing) for the security interest; and c) Enabling PQRS and the Hirer to exercise their respective rights in connection with the security interest. 10.12. To assure performance of its obligations under this agreement, the Hirer hereby gives PQRS an irrevocable power of attorney to do anything PQRS considers the Hirer should do under this agreement. PQRS may recover from Hirer the cost of doing anything under this clause 10, including registration fees. 10.13. The Hirer must notify PQRS of any change in change in writing of the Hirer’s details set out in the Application for Credit. 10.14. For the purposes of section 20(2) of the PPS Law, the collateral is the Plant set out in any quote and or Master Hire Agreement. The quote or Master Hire Agreement is the security agreement for the purposes of the PPS Law.

Appears in 1 contract

Sources: Master Hire Agreement

Personal Property Securities Act. The Customer acknowledges that this Agreement creates 1999 (PPSA) 8.1 Hire or acquisition equipment may create a security interest in the Cabin as security for equipment. If so, the Customer’s obligations provisions of this clause 8 apply. All terms ln this clause 8 have the meaning given in the PPSA and section references are sections to sections of the Lessor under this Agreement PPSA. 8.2 On the request of the Owner, the Hirer shall promptly execute any documents, provide all necessary information and do anything else required by the Owner to ensure that the security interest is registrable on the Personal Property Securities Register. The Customer indemnifies the Lessor against any costs the Lessor incurs in maintaining its created under this contract constitutes a perfected security interest in the Cabin equipment and exercising any their proceeds which will have priority over all other security interests in the equipment. 8.3 The Hirer will pay to the Owner all fees and expenses incurred by the Owner in relation to the filing of its rights under Part 9 of the PPSA. If Part 9 a financing statement in .connection with this contract. 8.4 The Hirer agrees that nothing in sections 133 and 134 of the PPSA applies to this contract 8.5 To the security interest created by this Agreement extent they are applicable to the Customer Hirer, the Hirer waives its rights under the PPSA Hirer's right to: : (a) receive a notice of sale of the Cabin under section 114(1)(asections 114(1}(a); ; (b) receive a statement of account under section 116;‌ 116: (c) receive a surpluses distributed under section 117; (d) recover any surplus under section 119: (e) receive notice of any proposal of the Lessor's proposal Owner to retain the Cabin collateral under section 120(2); ; (f) object to any proposal of the Lessor's proposal Owner to retain the Cabin collateral under section 121;‌ 121; (g) not have goods damaged when in the Lessor removes an accession under section 125; be reimbursed for damage caused when event that the Lessor removes an accession under section 126; refuse permission Owner were to remove an accession under section 127;‌ 125; (h) receive notice of the removal of an accession under section 129; ; (i) apply to the court for an order concerning the removal of an accession under section 131; (j) redeem collateral under section 132; reinstate this Agreement under sections 133 and 134; and‌ and (k) receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148. The Customer agrees that the Lessor may exercise its powers under sections 108, 111(1) and 120(1) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected to the Cabin and any accessories which shall be affixed to the Cabin shall become part of the Cabin for the purposes of this AgreementVerification Statement.

Appears in 1 contract

Sources: Hire & Sales Contract

Personal Property Securities Act. The Customer acknowledges ‘PPSA’) 10.1 This clause applies to the extent that this Agreement creates a security ▇▇▇▇▇▇’▇ interest in the Cabin as respect of a hire provided for in this agreement is a ‘security interest’ for the Customer’s obligations to the Lessor under this Agreement and that the security interest is registrable on purposes of the Personal Property Securities RegisterAct 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 10.2 ▇▇▇▇▇▇ may register any actual impending or likely security interest. The Customer indemnifies Hirer may not make any Claim against ▇▇▇▇▇▇ in respect of any registration even if it is determined that ▇▇▇▇▇▇ should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which ▇▇▇▇▇▇ requires for the Lessor against purposes of: a) ensuring that ▇▇▇▇▇▇’▇ security interest is enforceable, perfected and otherwise effective under the PPS Law; b) enabling ▇▇▇▇▇▇ to gain first priority (or any costs the Lessor incurs other priority agreed to by ▇▇▇▇▇▇ in maintaining writing) for its security interest interest; and c) enabling ▇▇▇▇▇▇ to exercise rights in connection with the Cabin security interest. 10.3 The rights of ▇▇▇▇▇▇ under this document are in addition to and exercising any of its not in substitution for ▇▇▇▇▇▇’▇ rights under Part 9 other law (including the PPS Law) and ▇▇▇▇▇▇ may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it ▇▇▇▇▇▇’▇ security interest will attach to proceeds. 10.4 To the extent that Chapter 4 of the PPSA. If Part 9 of the PPSA applies to the any security interest created by under this Agreement agreement, the Customer waives its rights under the PPSA to: receive a notice of sale following provisions of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ receive notice of the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ PPS Law do not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148. The Customer agrees that the Lessor may exercise its powers under sections 108and, 111(1) and 120(1) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected to the Cabin and any accessories which shall be affixed to the Cabin shall become part of the Cabin for the purposes of section 115 of the PPS Law are “contracted out” of this Agreementagreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires ▇▇▇▇▇▇ to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires ▇▇▇▇▇▇ to give a notice to the Hirer); section 129(2) and 129(3); 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 section143 (re-instatement of security agreement). 10.5 To the extent they apply, the following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on ▇▇▇▇▇▇. ▇▇▇▇▇ agrees that in addition to those rights, ▇▇▇▇▇▇ shall, if there is default by ▇▇▇▇▇, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that ▇▇▇▇▇▇ may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 10.6 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 PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security agreements prior to the date of this agreement. 10.7 ▇▇▇▇▇▇ and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this subclause is made solely for the purpose of allowing to ▇▇▇▇▇▇ the benefit of section 275(6)(a) and ▇▇▇▇▇▇ shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 10.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Plant other than with the express written consent of ▇▇▇▇▇▇. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Plant to anyone else unless ▇▇▇▇▇▇ (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to ▇▇▇▇▇▇ and must be expressed to be subject to the rights of ▇▇▇▇▇▇ under this agreement. Hirer may not vary a sub-hire without the prior written consent of ▇▇▇▇▇▇ (which may be withheld in its absolute discretion). 10.9 The Hirer must ensure that ▇▇▇▇▇▇ is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Plant. 10.10 The Hirer must take all steps including registration under PPS Law as may be required to: a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; b) enabling the Hirer to gain (subject always to the rights of ▇▇▇▇▇▇) first priority (or any other priority agreed to by ▇▇▇▇▇▇ in writing) for the security interest; and c) enabling ▇▇▇▇▇▇ and the Hirer to exercise their respective rights in connection with the security interest. 10.11 To assure performance of its obligations under this agreement, the Hirer hereby gives ▇▇▇▇▇▇ an irrevocable power of attorney to do anything ▇▇▇▇▇▇ considers the Hirer should do under this agreement. ▇▇▇▇▇▇ may recover from ▇▇▇▇▇ the cost of doing anything under this clause 10, including registration fees.

Appears in 1 contract

Sources: Application for Credit Account & Master Hire Agreement

Personal Property Securities Act. 2009 (PPSA) 15.1 The Customer acknowledges acknowledge that this these terms constitute a Security Agreement which creates (or may create) a security interest Security Interest in favour of the Cabin as security Supplier and in all Personal Property previously supplied by the Supplier to the Customer and all after acquired Personal Property supplied to the Customer by the Supplier (or for the Customer’s obligations 's account) to secure the Lessor under this Agreement payment from time to time and that the security interest is registrable on the Personal Property Securities Registerat a time of any money outstanding. The Customer indemnifies agrees to grant to the Lessor Supplier a Purchase Money Security Interest. 15.2 The Customer accepts, acknowledges and agrees that: (a) pursuant to the retention of title clause in clause 8.3 the Supplier obtains a Security Interest in the Products supplied by the Supplier to the Customer on credit, including any commingled goods; and (b) the Supplier can, without notice to the Customer, seek 15.3 Pursuant to section 275(6) of the PPSA, the Customer agrees the Supplier is not required to disclose to an interested person information pertaining to the Supplier's Security Interest unless required to do so pursuant to the PPSA or at law generally. 15.4 The Customer will: (a) sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to enable perfection of its Security Interest or registration of a Financing Statement or Financing Change Statement on the PPSR; (b) not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the PPSA in respect of the Products, without the prior written consent of the Supplier; (c) give the Supplier not less than 14 days written notice of any proposed change in their name and/or any other changes in their details (including but not limited to, changes in their address, facsimile number, email address, trading name or business practice); indemnify the Supplier against any costs the Lessor Supplier incurs in perfecting and maintaining its security interest perfected Security Interest in the Cabin Products or such other Personal Property under the PPSA and exercising any costs the Supplier may incur in the course of enforcing any of its rights under Part 9 of the PPSA. If Part 9 of this Agreement, the PPSA applies or at law generally; procure from any persons considered by the Supplier to be relevant to its security position, such agreement and waivers as the security interest created Supplier may at any time reasonably require. 15.5 To the extent permitted by this Agreement the PPSA the Customer waives its rights under the PPSA to: : (a) receive a notice under any of sale subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the Cabin under section 114(1)(a); PPSA; (b) receive a statement of account under section 116;‌ receive notice of that includes the Lessor's proposal information referred to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following the registration of a financing statement or a financing change statement relating to this Agreement or the security it creates under section 148. The Customer agrees that the Lessor may exercise its powers under sections 108, 111(1) and 120(1in paragraph 132 (3)(d) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected to the Cabin and any accessories which shall be affixed to the Cabin shall become part ; (c) receive a statement under subsection 132(4) of the Cabin for PPSA; redeem Collateral after default under section 142 of the purposes PPSA unless the lessor agrees in writing to such redemption; (d) reinstate the Security Agreement under section 143 of the PPSA ; and (e) give a Notice of Objection under section 137 of the PPSA. 15.6 Capitialised terms in this Agreementclause 15 are given their meaning from the PPSA.

Appears in 1 contract

Sources: Terms of Supply and Sale

Personal Property Securities Act. The Customer acknowledges that 18.1 For the purposes of this Agreement creates a security interest in the Cabin as security for the Customer’s obligations to the Lessor under this Agreement and that the security interest is registrable on clause, PPSA means the Personal Property Securities RegisterAct 1999 as amended from time to time. Where a particular section or term from the PPSA is used in this Deed, it is deemed to be that section or term as defined or used in the PPSA as amended, renumbered, or replaced from time to time. 18.2 To the extent permitted by law and as consideration for Camplify providing the Camplify Promise, the Owner hereby grants Camplify a security interest, as defined in the PPSA, in the Equipment and in all proceeds from the Equipment. The Customer indemnifies Owner will only exercise its rights in relation to the Lessor against any costs proceeds from the Lessor incurs Equipment if the Equipment is lost or stolen. 18.3 The Owner acknowledges and agrees that this Agreement constitutes a security agreement in maintaining its relation to ▇▇▇▇▇▇▇▇’s security interest in the Cabin all present and exercising any of its rights under Part 9 of after-acquired goods in accordance with the PPSA. If Part 9 . 18.4 To the extent permitted by law, the following provisions of the PPSA applies do not apply and for the purposes of section 107 of the PPSA are contracted out of in this Agreement: (a) section 114(1)(a) (Notice of sale of collateral to debtor); (b) section 116 (Secured party to give statement of account to debtor); (c) section 120(2) (Proposal of secured party to retain collateral); (d) section 121 (Persons entitled to notice may object to proposal); (e) section 125 (Secured party must not damage goods when removing accession); (f) section 126 (Persons entitlement to reimbursement for damage caused when removing accession); (g) section 127 (Person entitled to reimbursement may refuse permission to remove accession); (h) section 129 (Secured party must give notice of remove of accession); (i) section 131 (Court may make order concerning removal of accession); (j) section 133 (Reinstating agreement if default remedied). 18.5 The Owner consents to: (a) and agrees to execute any other document or instrument required to give effect to the security interests created by this Agreement; and (b) the registration with the relevant authority or public register of any security interest created by this Agreement the Customer waives its rights under the PPSA to: receive or any other document required to give effect to a notice of sale of the Cabin under section 114(1)(a); receive a statement of account under section 116;‌ receive notice of the Lessor's proposal to retain the Cabin under section 120(2); object to the Lessor's proposal to retain the Cabin under section 121;‌ not have goods damaged when the Lessor removes an accession under section 125; be reimbursed for damage caused when the Lessor removes an accession under section 126; refuse permission to remove an accession under section 127;‌ receive notice of the removal of an accession under section 129; apply to the court for an order concerning the removal of an accession under section 131; reinstate security interest created by this Agreement under sections 133 and 134; and‌ receive a copy of any verification statement received by the Lessor following Agreement, including without limitation the registration of a financing statement or a financing change statement relating to this Agreement or on the security it creates under section 148. Personal Property Securities Register. 18.6 The Customer agrees that the Lessor may exercise its powers under sections 108, 111(1) Owner must pay all costs of and 120(1) of the PPSA whether or not the Lessor has priority over any other secured parties. Any additions or improvements which shall be effected incidental to the Cabin preparation, execution and registration of any accessories instrument which shall be affixed to the Cabin shall become part of the Cabin is executed for the purposes of giving effect to this Agreementclause and must also pay all costs incidental to the withdrawal, discharge, or release of such instrument.

Appears in 1 contract

Sources: Owner Terms and Conditions