Legislation
SECTION 9-407
Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 4
Section 9--407. Restrictions on Creation or Enforcement of Security
Interest in Leasehold Interest or in Lessor's Residual
Interest.
(a) Term restricting assignment generally ineffective. Except as
otherwise provided in subsection (b), a term in a lease agreement is
ineffective to the extent that it:
(1) prohibits, restricts, or requires the consent of a party to
the lease to the assignment or transfer of, or the creation,
attachment, perfection, or enforcement of a security interest
in, an interest of a party under the lease contract or in the
lessor's residual interest in the goods; or
(2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security
interest may give rise to a default, breach, right of
recoupment, claim, defense, termination, right of
termination, or remedy under the lease.
(b) Effectiveness of certain terms. Except as otherwise provided in
Section 2-A-303(7), a term described in subsection (a)(2) is effective
to the extent that there is:
(1) a transfer by the lessee of the lessee's right of possession
or use of the goods in violation of the term; or
(2) a delegation of a material performance of either party to the
lease contract in violation of the term.
(c) Security interest not material impairment. The creation,
attachment, perfection, or enforcement of a security interest in the
lessor's interest under the lease contract or the lessor's residual
interest in the goods is not a transfer that materially impairs the
lessee's prospect of obtaining return performance or materially changes
the duty of or materially increases the burden or risk imposed on the
lessee within the purview of Section 2-A-303(4) unless, and then only to
the extent that, enforcement actually results in a delegation of
material performance of the lessor.
Interest in Leasehold Interest or in Lessor's Residual
Interest.
(a) Term restricting assignment generally ineffective. Except as
otherwise provided in subsection (b), a term in a lease agreement is
ineffective to the extent that it:
(1) prohibits, restricts, or requires the consent of a party to
the lease to the assignment or transfer of, or the creation,
attachment, perfection, or enforcement of a security interest
in, an interest of a party under the lease contract or in the
lessor's residual interest in the goods; or
(2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security
interest may give rise to a default, breach, right of
recoupment, claim, defense, termination, right of
termination, or remedy under the lease.
(b) Effectiveness of certain terms. Except as otherwise provided in
Section 2-A-303(7), a term described in subsection (a)(2) is effective
to the extent that there is:
(1) a transfer by the lessee of the lessee's right of possession
or use of the goods in violation of the term; or
(2) a delegation of a material performance of either party to the
lease contract in violation of the term.
(c) Security interest not material impairment. The creation,
attachment, perfection, or enforcement of a security interest in the
lessor's interest under the lease contract or the lessor's residual
interest in the goods is not a transfer that materially impairs the
lessee's prospect of obtaining return performance or materially changes
the duty of or materially increases the burden or risk imposed on the
lessee within the purview of Section 2-A-303(4) unless, and then only to
the extent that, enforcement actually results in a delegation of
material performance of the lessor.