Common use of Security and Charge Clause in Contracts

Security and Charge. 11.1 Despite anything to the contrary contained herein or any other rights which the Creditor may have howsoever: (a) where the Customer and/or the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Creditor or the Creditor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Creditor (or the Creditor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. (b) should the Creditor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Creditor from and against all of the Creditor’s costs and disbursements including legal costs on a solicitor and own Customer basis. (c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Creditor or the Creditor’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.

Appears in 6 contracts

Sources: Terms and Conditions of Trade, Terms and Conditions of Trade, Terms and Conditions of Trade

Security and Charge. 11.1 7.1 Despite anything to the contrary contained herein or of any other rights which the Creditor OA may have howsoeverhave: (a) where the Customer and/or and the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer and/or and the Guarantor agree to mortgage and/or charge all of their joint and/or several interest interests in the said land, realty or any other asset to the Creditor OA or the CreditorOA’s nominee to secure all amounts and other monetary obligations payable under these terms Terms and conditions. The Conditions; (b) the Customer and/or and the Guarantor (if any) acknowledge and agree that the Creditor OA (or the CreditorOA’s nominee) shall be entitled to lodge where appropriate a caveat, which . The Customer and Guarantor shall give their written consent in registrable form to the lodgement of a non-lapsing caveat immediately on OA’s request and the Customer and Guarantor shall not object to the lodgement or upholding of said caveat or take any steps to have any such caveat removed from the land titles office register. This caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.; and (bc) should the Creditor OA elect to proceed in any manner in accordance with this clause and/or its sub-clausesclause, the Customer and/or and Guarantor (if any) shall indemnify the Creditor OA from and against all of the CreditorOA’s costs and disbursements disbursements, including legal costs on a solicitor and own client basis. The Customer basis. (c) the Customer and/or the and Guarantor (if any) agree to irrevocably nominate nominate, constitute and appoint the Creditor OA or the CreditorOA’s nominee as the Customer’s and/or and Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1clause.

Appears in 4 contracts

Sources: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale

Security and Charge. 11.1 7.1 Despite anything to the contrary contained herein or of any other rights which the Creditor OA may have howsoeverhave: (a) where the Customer and/or and the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer and/or and the Guarantor agree to mortgage and/or charge all of their joint and/or several interest interests in the said land, realty or any other asset to the Creditor OA or the CreditorOA’s nominee to secure all amounts and other monetary obligations payable under these terms Terms and conditions. The Conditions; (b) the Customer and/or and the Guarantor (if any) acknowledge and agree that the Creditor OA (or the CreditorOA’s nominee) shall be entitled to lodge where appropriate a caveat, which . The Customer and Guarantor shall give their written consent in registrable form to the lodgement of a non-lapsing caveat immediately on OA’s request and the Customer and Guarantor shall not object to the lodgement or upholding of said caveat or take any steps to have any such caveat removed from the land titles office register. This caveat shall be withdrawn once all payments and other monetary obligations payable hereunder under this Agreement have been met.; and (bc) should the Creditor OA elect to proceed in any manner in accordance with this clause and/or its sub-clausesclause/s, the Customer and/or and Guarantor (if any) shall indemnify the Creditor OA from and against all of the CreditorOA’s costs and disbursements disbursements, including legal costs on a solicitor and own client basis. The Customer basis. (c) the Customer and/or the and Guarantor (if any) agree to irrevocably nominate nominate, constitute and appoint the Creditor OA or the CreditorOA’s nominee as the Customer’s and/or and Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1clause.

Appears in 3 contracts

Sources: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale

Security and Charge. 11.1 16.1 Despite anything to the contrary contained herein or any other rights which the Creditor Seller may have howsoever: (a) where the Customer Buyer and/or the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Creditor Seller or the CreditorSeller’s nominee to secure all amounts and other monetary obligations payable under these the terms and conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Creditor Seller (or the CreditorSeller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn released once all payments and other monetary obligations payable hereunder have been met. (b) should the Creditor Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Buyer and/or Guarantor shall indemnify the Creditor Seller from and against all of the CreditorSeller’s costs and disbursements including legal costs on a solicitor and own Customer client basis. (c) the Customer Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Creditor Seller or the CreditorSeller’s nominee as the CustomerBuyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.116.1.

Appears in 1 contract

Sources: Sales Contracts

Security and Charge. 11.1 12.1 Despite anything to the contrary contained herein or any other rights which the Creditor Seller may have howsoever: (ai) where Where the Customer Buyer and/or the Guarantor Guarantor(s) (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer Buyer and/or the Guarantor Guarantor(s) agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Creditor Seller or the CreditorSeller’s nominee to secure all amounts and other monetary obligations payable under these terms and conditionsTrading Terms & Conditions. The Customer Buyer and/or the Guarantor acknowledge and agree that the Creditor Seller (or the CreditorSeller’s nominee) shall be entitled to lodge where appropriate appropriate, a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. (bii) should Should the Creditor Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer Buyer and/or Guarantor Guarantor(s) shall indemnify the Creditor Seller from and against all of the CreditorSeller’s costs and disbursements including legal costs on a solicitor and own Customer client basis. (ciii) the Customer The Buyer and/or the Guarantor guarantor (if any) agree to irrevocably nominate constitute and appoint the Creditor Seller or the CreditorSeller’s nominee as the CustomerBuyer’s and/or Guarantor’s Guarantor(s) true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1clause. 12.2 The Company may license or sub-contract all or any part of its rights and obligations without the Buyers and/or Guarantor(s) consent.

Appears in 1 contract

Sources: Terms & Conditions of Sale and Credit

Security and Charge. 11.1 Despite anything to the contrary contained herein or any other rights which the Creditor may have howsoever: (a) where the Customer and/or the Guarantor (if any) is now or in the future the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Creditor or the Creditor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Creditor (or the Creditor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. (b) should the Creditor elect to proceed in any manner in accordance with this clause and/or its sub-sub- clauses, the Customer and/or Guarantor shall indemnify the Creditor from and against all of the Creditor’s costs and disbursements including legal costs on a solicitor and own Customer basis. (c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Creditor or the Creditor’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.

Appears in 1 contract

Sources: Standard Terms & Conditions of Supply