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§ 11-9-401. Alienability of Debtor’s Rights

Other law governs alienability; exceptions.    Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407, 11-9-408, and 11-9-409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. Agreement does not prevent transfer.    An agreement between the […]

§ 11-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort

The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions. History. Code 1981, § 11-9-402 , enacted by Ga. L. 2001, p. 362, § 1.

§ 11-9-403. Agreement Not to Assert Defenses Against Assignee

“Value.”   As used in this Code section, the term “value” has the meaning provided in subsection (a) of Code Section 11-3-303. Agreement not to assert claim or defense.    Except as otherwise provided in this Code section, an agreement between an account debtor and an assignor not to assert against an assignee any claim […]

§ 11-9-404. Rights Acquired by Assignee; Claims and Defenses Against Assignee

Assignee’s rights subject to terms, claims, and defenses; exceptions.    Unless an account debtor has made an enforceable agreement not to assert defenses or claims and subject to subsections (b) through (e) of this Code section, the rights of an assignee are subject to: All terms of the agreement between the account debtor and assignor […]

§ 11-9-405. Modification of Assigned Contract

Effect of modification on assignee.    A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection […]

§ 11-9-406. Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles, and Promissory Notes Ineffective

Discharge of account debtor; effect of notification.    Subject to subsections (b) through (i) of this Code section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, […]

§ 11-9-409. Restrictions on Assignment of Letter of Credit Rights Ineffective

Term or law restricting assignment generally ineffective.    A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary’s assignment of or creation of a security […]