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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 29. Secured Transactions
- Section 407. Restrictions On Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest.
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Section 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.
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Section 408. Restrictions On Assignment of Promissory Notes, Health-Care-Insurance Receivables, and Certain General Intangibles Ineffective.
AS 45.29.407. Restrictions On Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest.
- (a) Except as otherwise provided in (b) of this section, 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, transfer, 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, transfer, 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) Except as otherwise provided in AS 45.12.303
(g), a term described in (a)(2) of this section 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) 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 AS 45.12.303(d)
unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the
lessor.
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