Personal Property Securities Act 1999 Sample Clauses
Personal Property Securities Act 1999. Each Obligor waives its right to receive a copy of a verification statement confirming registration of a financing statement or a financing change statement under the PPSA and agrees, to the extent permitted by law, that:
Personal Property Securities Act 1999. “PPSA”)
i. Upon entry into these Terms of Trade by the Customer, the Customer acknowledges and agrees that:
a. The Agreement constitutes a security agreement for the purposes of the PPSA; and
b. Until full payment has been made to Restoration Specialists for the Services supplied by Restorations Specialists, Restoration Specialists possesses a security interest in all materials and products supplied as part of the Services so as to secure and enforce the monetary obligations of the Customer owed to Restoration Specialists for the Services previously provided.
c. You undertake to:
i. Sign any further documents and/or provide further information (such information to be complete accurate and up-to-date in all respects) which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
ii. Indemnify and immediately reimburse us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register; and
iii. Not register, permit to be registered, a financing statement or financing change statement in relation to the collateral (account) in favour of a third party without our prior written consent.
ii. The parties agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to the Terms of Trade and this Agreement;
iii. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127 and 131 of the PPSA;
iv. Unless otherwise agreed to in writing, the Customer waives its right to receive a verification statement under section 148 of the PPSA.
v. The Customer is deemed to unconditionally ratify any actions taken by us under clauses 6(l)(i) – (v).
vi. Subject to any express provisions to the contrary (including those contained in this clause 6), nothing in this Agreement is intended to have the effect of contracting out of any provisions of the PPSA.
Personal Property Securities Act 1999 a) The Buyer grants to the Seller a security interest in the Goods and all the Buyer’s present and after acquired property supplied by the Seller and their proceeds and accessions to secure payment of the purchase price of the Goods and all outstanding debts and obligations of the Buyer to the Seller.
b) The Buyer will provide such information, do such acts and execute such further documents as in the Seller’s opinion may be necessary or desirable to enable the agree in writing.
c) The Buyer will supply the Seller within 7 business days of written request copies of all documents granting security interests registered over the Buyer’s personal property. The Buyer authorizes the Seller as an agent to request copies of all documents granting security interests registered over the Buyer’s personal property. The Buyer authorizes the Seller as an agent to request any information from any secured party relating to any security interest which is held in any personal property which is or has been in the Buyer’s possession or control.
d) The Buyer will immediately notify the Seller in writing of any change in the Buyer’s name.
e) The Buyer agrees sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125 to 127, 129, 131 to 133 of the PPSA shall not apply to these Terms and Conditions or the security created hereunder. the security interest created by these Terms and Conditions.
Personal Property Securities Act 1999. 6.1 Without prejudice to any other rights which T&G Pipfruit may have in respect of the Product, the Supplier grants to T&G Pipfruit a security interest (as defined in the PPSA) in the Product. Such a security interest secures payment of all amounts payable by the Supplier to T&G Pipfruit under the Agreement.
Personal Property Securities Act 1999. (a) You acknowledge that this Agreement creates a Security Interest in the Collateral as security for your obligations to us under this Agreement and that we may register a financing statement to perfect this Security Interest in the Personal Property Securities Register.
(b) You must sign and deliver any documents and do anything else that we require to ensure that we have a perfected first ranking security interest in the Collateral under the PPSA.
(c) You waive any right to receive a copy of a verification statement under the PPSA and agree that to the extent permitted by law:
(i) Where we have rights in addition to, or existing separately from those in Part 9 of the PPSA, those rights will continue to;
(ii) Sections 114(1)(a), 133 and 134 of the PPSA will not apply; and
(iii) You will have none of the rights referred to in sections 116, 120(2), 125, 129 and 131 of the PPSA and you waive your rights to object under section 121.
Personal Property Securities Act 1999. 00.0. Xxx acknowledge and agree that:
(a) this Agreement constitutes, in favour of us, a Security Agreement creating a Security Interest in the Goods or the proceeds of such Goods; and
(b) the Security Interest granted by you to us secures the payment of all Amounts Owing (all present and after-acquired personal property) you may owe to us from time to time and at any time.
00.0. Xxx agree that you will sign any further documentation and provide any information which we may reasonably require to ensure we are paid all Amounts Owing due to us and otherwise to protect our interests under this Agreement including by registration of a financing statement and ensuring that we have a first ranking perfected Security Interest in the Goods or Services, or a Security Interest in the proceeds of any Goods or Services (a Security Interest taken in all collateral and any proceeds of any collateral).
00.0. Xx the extent permitted by law, we each contract out of: (a)sections 114(1)(a), 133 and 134 of the PPSA; and
Personal Property Securities Act 1999. 7.1. The Customer:
a) Agrees that these Terms of Trade constitute a security agreement for the purposes of the PPSA;
b) Agrees that a security interest is taken in all Products previously purchased using a Fuel Card or other goods and services otherwise supplied by Kora to the Customer (if any) and all Products that will be purchased using a Fuel Card or other goods and services otherwise supplied in the future by Kora to the Customer;
c) Other than allowed by the PPSA, shall not register a financing statement or a change demand in respect of the Products without the prior written consent of Kora;
d) Agrees to contract out of the Customer’s rights as detailed in sections 107(1) and 107(2) of the PPSA;
e) Undertakes to indemnify and, upon demand, reimburse Kora for all costs, expenses and other charges incurred in relation to:
i. the registering of a financing statement or financing change statement on the Personal Property Securities Register;
ii. any disputes or negotiations with third parties claiming an interest in the Products; in connection with these Terms of Trade.
7.2. The Customer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to the security interest under the Terms of Trade.
7.3. The Customer shall unconditionally ratify any actions taken by Kora under clauses 7.1 and 7.2.
Personal Property Securities Act 1999. You waive the right to receive a verification statement confirming the registration of a financing statement in respect of the Facility Agreement or any Securities under the Personal Property Securities Act 1999.
Personal Property Securities Act 1999. “PPSA”)
(a) The Customer acknowledges that the lease of Equipment under this Agreement gives rise to a Purchase Money Security Interest under the PPSA in favour of Komatsu in respect of the Equipment and any proceeds.
(b) The Customer undertakes to:
(i) promptly do all things, execute all documents and/or provide any information which Komatsu may reasonably require to enable Komatsu to attach, enforce, register, protect and maintain the perfection of its first priority security interest; and
(ii) give Komatsu not less than 14 days’ prior written notice of any proposed change in its name and/or any other change to its details; and
(iii) immediately on request by Komatsu (and at the Customer’s expense) obtain from any third party such agreements and waivers of any Security Interest that any third party has in the Equipment, to ensure that Komatsu is provided with or retains a first priority security interest in the Equipment.
(c) The Customer waives its rights to receive a copy of any verification statements under Section 148 of the PPSA.
(d) If the Customer defaults on any monies due under this Contract, Komatsu has the right to seize the Equipment after giving written notice of such intention to the Customer.
(e) Equipment seized under clause 13(d) may be disposed of, retained by, or otherwise dealt with by Komatsu, in any way Komatsu sees fit.
(f) The Customer must give Komatsu notice if another party with a security interest in the Equipment seizes or otherwise deals with the Equipment in a way that might impact Komatsu’s Purchase Money Security Interest.
(g) To the maximum extent permitted by law, the Customer and Komatsu agree that the following provisions of the PPSA do not apply to the enforcement by Komatsu of its security interest in the Equipment: sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 134.
(h) In this clause "proceeds", "Purchase Money Security Interest" and "Security Interest" have the meanings given to those expressions in the PPSA.
Personal Property Securities Act 1999. (a) All terms in this clause have the meaning given in the PPSA and section references are to sections of the PPSA.
(b) 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 created under this Agreement in favour of the Owner constitutes a perfected security interest in the Chattels and their proceeds which will have priority over all other security interests in the Chattels.
(c) The Hirer will pay to The Owner fees and expenses incurred by The Owner in relation to the filing of a financing statement in connection with this Agreement.
(d) The Hirer waives their rights under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133, 134 and 148 of the PPSA.