Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties. Source: L. 91: Entire article added, p. 288, § 1, effective July 1, 1992. OFFICIAL COMMENT Uniform Statutory Source: Section 9-201. Changes: The […]
Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is […]
As used in this section, “creation of a security interest” includes the sale of a lease contract that is subject to article 9 of this title by reason of section 4-9-109 (a)(3). Except as provided in subsection (3) of this section and section 4-9-407, a provision in a lease agreement that (i) prohibits the voluntary […]
Subject to section 4-2.5-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) of this section and section 4-2.5-527 (4), […]
Subject to the provisions of section 4-2.5-303, a person claiming as a buyer or sublessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the transferor to that person had or had power to transfer, and except as provided in subsection (2) […]
If a person in the ordinary course of his [or her] business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest arising under […]
Except as otherwise provided in section 4-2.5-306, a creditor of a lessee takes subject to the lease contract. Except as otherwise provided in subsection (3) of this section and in sections 4-2.5-306 and 4-2.5-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the […]
A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the […]
In this section: Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law; A “fixture filing” is the filing, in the office where a record of a mortgage on the real estate would be filed or recorded, of a financing statement covering goods […]
Goods are “accessions” when they are installed in or affixed to other goods. The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4) of this section. The interest of a lessor or […]
Nothing in this article prevents subordination by agreement by any person entitled to priority. Source: L. 91: Entire article added, p. 297, § 1, effective July 1, 1992. OFFICIAL COMMENT Uniform Statutory Source: Section 9-316. Purposes: The several preceding sections deal with questions of priority. This section is inserted to make it entirely clear that […]
