| | | respects to analogous provisions in Sections 9-406, 9-408, and 9- | | 409 [Maine cite sections 9-1406, 9-1408 and 9-1409], including | | the substitution of "ineffective" for "not enforceable" and the | | substitution of "creation, attachment, perfection, or enforcement | | of a security interest" for "creation or enforcement of a | | security interest." |
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| | | 3. Exceptions for Certain Transfers and Delegations. | | Subsection (b) [Maine cite subsection (2)] provides exceptions to | | the general ineffectiveness of restrictions under subsection (a) | | [Maine cite subsection (1)]. A term that otherwise is | | ineffective under subsection (a)(2) [Maine cite subsection (1), | | paragraph (b)] is effective to the extent that a lessee transfers | | its right to possession and use of goods or if either party | | delegates material performance of the lease contract in violation | | of the term. However, under subsection (c) [Maine cite | | subsection (3)], as under former Section 2-1303(3), a lessor's | | creation of a security interest in its interest in a lease | | contract or its residual interest in the leased goods is not a | | material impairment under Section 2-1303(4) (former Section 2- | | 1303(5)), absent an actual delegation of the lessor's material | | performance. The terms of the lease contract determine whether | | the lessor, in fact, has any remaining obligations to perform. | | If it does, it is then necessary to determine whether there has | | been an actual delegation of "material performance." See Section | | 2-1303, Comments 3 and 4. |
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| | | §9-1408.__Restrictions on assignment of promissory notes, |
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| | | health-care-insurance receivables and certain general |
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| | | (1)__Except as otherwise provided in subsection (2), a term in | | a promissory note or in an agreement between an account debtor | | and a debtor that relates to a health-care-insurance receivable | | or a general intangible, including a contract, permit, license or | | franchise, and which term prohibits, restricts or requires the | | consent of the person obligated on the promissory note or the | | account debtor to, the assignment or transfer of, or creation, | | attachment or perfection of a security interest in, the | | promissory note, health-care-insurance receivable or general | | intangible, is ineffective to the extent that the term: |
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| | | (a)__Would impair the creation, attachment or perfection of | | a security interest; or |
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| | | (b)__Provides that the creation, attachment or perfection of | | the security interest may give rise to a default, breach, | | right of recoupment, claim, defense, termination right of |
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