US Lawyer Database

Section 403 – Agreement not to assert defenses against assignee.

70A-9a-403. Agreement not to assert defenses against assignee. (1) In this section, “value” has the meaning provided in Subsection 70A-3-303(1). (2) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the […]

Section 404 – Rights acquired by assignee — Claims and defenses against assignee.

70A-9a-404. Rights acquired by assignee — Claims and defenses against assignee. (1) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to Subsections (2) through (5), the rights of an assignee are subject to: (a) all terms of the agreement between the account debtor and assignor and […]

Section 338 – Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

70A-9a-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in Subsection 70A-9a-516(2)(e) which is incorrect at the time the financing statement is filed: (1) the security interest or agricultural lien […]

Section 340 – Effectiveness of right of recoupment or set-off against deposit account.

70A-9a-340. Effectiveness of right of recoupment or set-off against deposit account. (1) Except as otherwise provided in Subsection (3), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (2) Except as otherwise provided in […]

Section 327 – Priority of security interests in deposit account.

70A-9a-327. Priority of security interests in deposit account. The following rules govern priority among conflicting security interests in the same deposit account: (1) A security interest held by a secured party having control of the deposit account under Section 70A-9a-104 has priority over a conflicting security interest held by a secured party that does not […]

Section 328 – Priority of security interests in investment property.

70A-9a-328. Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property: (1) A security interest held by a secured party having control of investment property under Section 70A-9a-106 has priority over a security interest held by a secured party that does not have control […]

Section 329 – Priority of security interests in letter-of-credit right.

70A-9a-329. Priority of security interests in letter-of-credit right. The following rules govern priority among conflicting security interests in the same letter-of-credit right: (1) A security interest held by a secured party having control of the letter-of-credit right under Section 70A-9a-107 has priority to the extent of its control over a conflicting security interest held by […]

Section 330 – Priority of purchaser of chattel paper or instrument.

70A-9a-330. Priority of purchaser of chattel paper or instrument. (1) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if: (a) in good faith and in the ordinary course of the purchaser’s business, the purchaser gives […]