No.9n0l7
Csp. 14:35
Movest-s PnopERTy Sncurury lrurrRssrs
pmtion of the purchase price of the asset orotber credit exterded to enable
a debtor to acquire it to the sxtent the credit is used for that purpose;
"attachment tgimpovable property" means atangible asset that,despite being
physically affixed to immovable property, is treated as movable pmperty
by virtue of no having lost its separate identity, including an instatlarion
definsd in section 19(2) of the Hire purchase Actfchapier l4:0gl;
"certificated securities" means securities eviderced by a certificate that(a) provides that the person entitled to ths securities is the person in
possession of the certificate; 0r
(b)
identifies the person entitled to tbe securities;
"competing claimantno means a creditor of a &btor or other person with rights
in the collateral that may be in competition with the rights of a secured
creditor in the same collateral, including-
(a)
another secured creditor of ttre debtor who has a security interest in
the same collateral;
(b)
(c)
another creditor of the debtor who has a right in the same collateral ;
the insolvency rep'resentative in insolvency proceedings in respect
oftbe debtor; or
(d)
a buyer or other transfaee,lessee or licensee
of the collateral;
'tonsumer goods" ureans goods primarily used orintended to be used by the
debtor for personal, family or household purposes;
"equipment" means a tangible asset ftat i$ trimarily used or intended to be used
by $e debtor in the o'peration of his or her business, otbr than invento,ry
or consumer goods;
"notification of
a security interpst in a receivable" rcans a notice by the debtor
or the secured creditor informing the obligor of the receivable that a
secwity interest has been crpated in the receivable;
"obligor of the receivable" means a person that owes payment of a receivable,
including a guarantor or other person secondarily liable for payment of
the receivable;
"uncertificated securities" rrcans securities not evidenced by a certificate.
PARTII
specrer Pnousrows
ls ro
cnsATlor.f
elo
TneNsrm. op
sssnnv hrrmesrs
Right to prcceeds
2. (1) Subject to paragraph 6 ('Speial provisions to secure rights to proceeds")
of the First Schedule, a security intcrcst in an asset includes its identifiable procceds.
(2) Where proceeds in the forrr of firnds credited
are commingled with other assets of the same kind-
(a)
O)
o a depoait accqmt
the security interest includes thecommingled assets,despite the proceeds
ceasing to be identifiable; and
the security interest in the commingled assets is timited to the value
the proceeds immediately before they were commingled; and
(c)
or nroney
of
if at any time after the cornningling, the amount of the balance credited
to the deposit account or of the commingled money is less than the
amount of the proceeds immediately before they were commingled, the
obligation secured by the security interest that is enforceable against the
T&
Select target paragraph3
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