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The Court of Appeals held: ?Under UCC 9-406, a security interest is an assignment and the UCC is purposefully structured to permit a debtor to grant creditors security interests in a debtor's receivables so that the secured creditor can direct account debtors to pay it directly.?
The promissory note Delaware form requires certain information to validate the loan, such as the names and addresses of the parties, date of creation, principal loan amount, interest rates, and payment information.
Delaware enacted the 2010 amendments to Article 9 of the Uniform Commercial Code (2010 Amendments) when the governor signed HB 8Opens in a new window on .
(47) "Instrument" means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment.
The primary effect of Section 9-408 is to preserve the secured party's interests in the proceeds of any sale by the debtor of the Limited Intangibles and also to prevent a sale or assignment of the Limited Intangibles by the debtor that is not unauthorized by the secured party but that is authorized by the Related ...
If at any time any Grantor shall take a security interest in any property of an Account Debtor or any other Person to secure payment and performance of an Account in an amount in excess of $250,000, such Grantor shall promptly assign such security interest to the Collateral Agent for the benefit of the Secured Parties.
§§ 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. (a) Discharge of account debtor; effect of notification.
(1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in the right to proceeds of a written letter of credit can be perfected only by the secured party's taking possession of the letter of credit.