Common use of PPS Act Clause in Contracts

PPS Act. 11.1 In relation to any security interest constituted or contemplated in the Equipment by the Hire Agreement, and in relation to any proceeds arising from any dealing in the Equipment, the Customer consents to Master Hire affecting and maintaining a registration on the register (in the manner Master Hire considers necessary, including a master security interest registration that stays on the Customer’s record at all times, even if no Equipment is currently being hired by the Customer from Master Hire) of that security interest. 11.2 The Customer also agrees to sign any documents and provide all cooperation to Master Hire required to facilitate that registration and maintenance. At Master Hire’s sole discretion, Master Hire may register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest) at any time. The Customer’s right to receive notice of a verification statement regarding the registration of a security interest on the register in respect of the Equipment is hereby waived. 11.3 The Customer agrees not to register a financing change statement in respect of a security interest contemplated or constituted by the Hire Agreement, or in favour of a third party, without Master ▇▇▇▇’s prior written consent. 11.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the Hire Agreement and sections 115(1) or 115(7) of the PSS Act allows for contracting out, then the following provisions of the PPS Act will not apply and the Customer will have no rights under them: (a) in respect of section 115(1), section 95 (to the extent of notices to the grantor); section 96; section 118 (to the extent of notices to the grantor); sections 121(4); 125; 130; 132(3)(d); 132(4); 135; 142; and 143; and (b) in respect of section 115(7): sections 127; 129(2); 129(3); 130(i); 132; 134(s); 135; 136(3); 136(4); 136(5); 137; and 275(7)(c). 11.5 The Customer and Master Hire agree not to disclose information of the kind referred to in section 275(1) of the PPS Act. 11.6 For the sake of clarity, the Equipment is the collateral and the security agreement is the Hire Agreement pursuant to the PPS Act. 11.7 Money received from the Customer in connection with the Hire Agreement may be applied by Master Hire towards the Customers obligations under any security interest contemplated or constituted by the Hire Agreement in any way as Master Hire determines. 11.8 The Customer agrees to notify Master ▇▇▇▇ immediately in writing of any material change to the information contained in or associated with the Credit Application. 11.9 Subject to clause 6 of the Hire Agreement the Customer must not create, purport to create or allow to be created any security interest in the Equipment without Master Hire’s prior obtained express written consent.

Appears in 1 contract

Sources: Hire Agreement

PPS Act. 11.1 In relation to any security interest constituted or contemplated in the Equipment by the Hire Agreement, and in relation to any proceeds arising from any dealing in the Equipment, the Customer consents to Master Hire Safedig Services affecting and maintaining a registration on the register (in the manner Master Hire Safedig Services considers necessary, including a master security interest registration that stays on the Customer’s record at all times, even if no Equipment is currently being hired by the Customer from Master HireSafedig Services) of that security interest. 11.2 The Customer also agrees to sign any documents and provide all cooperation to Master Hire Safedig Services required to facilitate that registration and maintenance. At Master HireSafedig Services’s sole discretion, Master Hire Safedig Services may register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest) at any time. The Customer’s right to receive notice of a verification statement regarding the registration of a security interest on the register in respect of the Equipment is hereby waived. 11.3 The Customer agrees not to register a financing change statement in respect of a security interest contemplated or constituted by the Hire Agreement, or in favour of a third party, without Master ▇▇▇▇’s Safedig Services's prior written consent. 11.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the Hire Agreement and sections 115(1) or 115(7) of the PSS Act allows for contracting out, then the following provisions of the PPS Act will not apply and the Customer will have no rights under them: (a) in respect of section 115(1), section 95 (to the extent of notices to the grantor); section 96; section 118 (to the extent of notices to the grantor); sections 121(4); 125; 130; 132(3)(d); 132(4); 135; 142; and 143; and (b) in respect of section 115(7): sections 127; 129(2); 129(3); 130(i); 132; 134(s); 135; 136(3); 136(4); 136(5); 137; and 275(7)(c275(7) (c). 11.5 The Customer and Master Hire Safedig Services agree not to disclose information of the kind referred to in section 275(1) of the PPS Act. 11.6 For the sake of clarity, the Equipment is the collateral and the security agreement is the Hire Agreement pursuant to the PPS Act. 11.7 Money received from the Customer in connection with the Hire Agreement may be applied by Master Hire Safedig Services towards the Customers obligations under any security interest contemplated or constituted by the Hire Agreement in any way as Master Hire Safedig Services determines. 11.8 The Customer agrees to notify Master ▇▇▇▇ Safedig Services immediately in writing of any material change to the information contained in or associated with the Credit Application. 11.9 Subject to clause 6 of the Hire Agreement the Customer must not create, purport to create or allow to be created any security interest in the Equipment without Master HireSafedig Services’s prior obtained express written consent.

Appears in 1 contract

Sources: Terms & Conditions

PPS Act. 11.1 12.1 In relation to any security interest constituted or contemplated in the Equipment by the Hire Agreement, and in relation to any proceeds arising from any dealing in the Equipment, the Customer consents to Master Hire OEM GROUP affecting and maintaining a registration on the register (in the manner Master Hire OEM GROUP considers necessary, including a master security interest registration that stays on the Customer’s record at all times, even if no Equipment is currently being hired by the Customer from Master Hire(OEM GROUP ) of that security interest. 11.2 12.2 The Customer also agrees to sign any documents and provide all cooperation to Master Hire OEM GROUP required to facilitate that registration and maintenance. At Master HireOEM GROUP ’s sole discretion, Master Hire OEM GROUP may register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest) at any time. The Customer’s right to receive notice of a verification statement regarding the registration of a security interest on the register in respect of the Equipment is hereby waived. 11.3 12.3 The Customer agrees not to register a financing change statement in respect of a security interest contemplated or constituted by the Hire Agreement, or in favour of a third party, without Master ▇▇▇▇OEM GROUP’s prior written consent. 11.4 12.4 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with the Hire Agreement and sections 115(1) or 115(7) of the PSS Act allows for contracting out, then the following provisions of the PPS Act will not apply apply, and the Customer will have no rights under them: (a) in respect of section 115(1), section 95 (to the extent of notices to the grantor); section 96; section 118 (to the extent of notices to the grantor); sections 121(4); 125; 130; 132(3)(d); 132(4); 135; 142; and 143; and (b) in respect of section 115(7): sections 127; 129(2); 129(3); 130(i); 132; 134(s); 135; 136(3); 136(4); 136(5); 137; and 275(7)(c). 11.5 12.5 The Customer and Master Hire OEM GROUP agree not to disclose information of the kind referred to in section 275(1) of the PPS Act. 11.6 12.6 For the sake of clarity, the Equipment is the collateral and the security agreement is the Hire Agreement pursuant to the PPS Act. 11.7 12.7 Money received from the Customer in connection with the Hire Agreement may be applied by Master Hire OEM GROUP towards the Customers obligations under any security interest contemplated or constituted by the Hire Agreement in any way as Master Hire OEM GROUP determines. 11.8 12.8 The Customer agrees to notify Master ▇▇▇▇ OEM GROUP immediately in writing of any material change to the information contained in or associated with the Credit Application. 11.9 12.9 Subject to clause 6 of the Hire Agreement the Customer must not create, purport to create or allow to be created any security interest in the Equipment without Master HireOEM GROUP ’s prior obtained express written consent.

Appears in 1 contract

Sources: Equipment Rental Agreement