| 7. 3. Subsection (4) (3) is based upon Section 2-210(2) and |
Section 9-318(4) 9-406 [Maine cite section 9-1406]. It makes |
unenforceable a prohibition against transfers of certain rights |
to payment or a provision making the transfer an event of |
default. It also provides that such transfers do not materially |
impair the prospect of obtaining return performance by, |
materially change the duty of, or materially increase the burden |
or risk imposed on, the other party to the lease contract so as |
to give rise to the rights and remedies stated in subsection (5) |
(4). Accordingly, a transfer of a right to payment cannot be |
prohibited or made an event of default, or be one that materially |
impairs performance, changes duties or increases risk, if the |
right is already due or will become due without further |
performance being required by the party to receive payment. |
Thus, a lessor can transfer the right to future payments under |
the lease contract, including by way of a grant of a security |
interest, and the transfer will not give rise to the rights and |
remedies stated in subsection (5) (4) if the lessor has no |
remaining performance under the lease contract. The mere fact |
that the lessor is obligated to allow the lessee to remain in |
possession and to use the goods as long as the lessee is not in |