| 5. Supporting Obligation: Automatic Attachment and |
Perfection. A letter-of-credit right is a type of "supporting |
obligation," as defined in Section 9-102 [Maine cite section 9- |
1102]. Under Sections 9-203 and 9-308 [Maine cite sections 9- |
1203 and 9-1308], a security interest in a letter-of-credit right |
automatically attaches and is automatically perfected if the |
security interest in the supported obligation is a perfected |
security interest. However, unless the secured party has control |
of the letter-of-credit right or itself becomes a transferee |
beneficiary, it cannot obtain any rights against the issuer or a |
nominated person under Article 5. Consequently, as a practical |
matter, the secured party's rights would be limited to its |
ability to locate and identify proceeds distributed by the issuer |
or nominated person under the letter of credit. |