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7-5-112
Section 7-5-112 Transfer of letter of credit. (a) Except as otherwise provided in Section 7-5-113,
unless a letter of credit provides that it is transferable, the right of a beneficiary to
draw or otherwise demand performance under a letter of credit may not be transferred. (b)
Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize
or carry out a transfer if: (1) the transfer would violate applicable law; or (2) the transferor
or transferee has failed to comply with any requirement stated in the letter of credit or
any other requirement relating to transfer imposed by the issuer which is within the standard
practice referred to in Section 7-5-108(e) or is otherwise reasonable under the circumstances.
(Acts 1997, No. 97-702, p. 1427, §1.)...
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7-9A-409
Section 7-9A-409 Restrictions on assignment of letter-of-credit rights ineffective. (a) 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 interest in a letter-of-credit
right is ineffective to the extent that the term or rule of law, statute, regulation, custom,
or practice: (1) would impair the creation, attachment, or perfection of a security interest
in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment,
or perfection of the security interest may give rise to a default, breach, right of recoupment,
claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent...
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7-5-102
Section 7-5-102 Definitions. (a) In this article: (1) "Adviser" means a person who,
at the request of the issuer, a confirmer, or another adviser, notifies, or requests another
adviser to notify, the beneficiary that a letter of credit has been issued, confirmed, or
amended. (2) "Applicant" means a person at whose request or for whose account a
letter of credit is issued. The term includes a person who requests an issuer to issue a letter
of credit on behalf of another if the person making the request undertakes an obligation to
reimburse the issuer. (3) "Beneficiary" means a person who under the terms of a
letter of credit is entitled to have its complying presentation honored. The term includes
a person to whom drawing rights have been transferred under a transferable letter of credit.
(4) "Confirmer" means a nominated person who undertakes, at the request or with
the consent of the issuer, to honor a presentation under a letter of credit issued by another.
(5) "Dishonor" of a letter...
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7-5-108
Section 7-5-108 Issuer's rights and obligations. (a) Except as otherwise provided in Section
7-5-109, an issuer shall honor a presentation that, as determined by the standard practice
referred to in subsection (e), appears on its face strictly to comply with the terms and conditions
of the letter of credit. Except as otherwise provided in Section 7-5-113 and unless otherwise
agreed with the applicant, an issuer shall dishonor a presentation that does not appear so
to comply. (b) An issuer has a reasonable time after presentation, but not beyond the end
of the seventh business day of the issuer after the day of its receipt of documents: (1) to
honor, (2) if the letter of credit provides for honor to be completed more than seven business
days after presentation, to accept a draft or incur a deferred obligation, or (3) to give
notice to the presenter of discrepancies in the presentation. (c) Except as otherwise provided
in subsection (d), an issuer is precluded from asserting as a basis...
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7-5-113
Section 7-5-113 Transfer by operation of law. (a) A successor of a beneficiary may consent
to amendments, sign and present documents, and receive payment or other items of value in
the name of the beneficiary without disclosing its status as a successor. (b) A successor
of a beneficiary may consent to amendments, sign and present documents, and receive payment
or other items of value in its own name as the disclosed successor of the beneficiary. Except
as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of
a beneficiary as beneficiary in full substitution for its predecessor upon compliance with
the requirements for recognition by the issuer of a transfer of drawing rights by operation
of law under the standard practice referred to in Section 7-5-108(e) or, in the absence of
such a practice, compliance with other reasonable procedures sufficient to protect the issuer.
(c) An issuer is not obliged to determine whether a purported successor is a...
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7-9A-203
Section 7-9A-203 Attachment and enforceability of security interest; proceeds; supporting obligations;
formal requisites. (a) Attachment. A security interest attaches to collateral when it becomes
enforceable against the debtor with respect to the collateral, unless an agreement expressly
postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections
(c) through (i), a security interest is enforceable against the debtor and third parties with
respect to the collateral only if: (1) value has been given; (2) the debtor has rights in
the collateral or the power to transfer rights in the collateral to a secured party; and (3)
one of the following conditions is met: (A) the debtor has authenticated a security agreement
that provides a description of the collateral and, if the security interest covers timber
to be cut, a description of the land concerned; (B) the collateral is not a certificated security
and is in the possession of the secured party under...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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35-8A-410
Section 35-8A-410 Escrow of deposits. (a) As used in this section, except as otherwise provided,
the following terms shall have the following meanings: (1) HARD COSTS. Any and all costs associated
with the actual building and construction of the condominium project, including, but not limited
to, site preparation, building materials, shell features, interior enclosures, fit-out costs,
mechanical and electrical systems, and fixtures. The term hard costs does not include financing
costs, compensation paid to architects, engineers, consultants, sales persons, or attorneys
or for advertising or other marketing costs. (2) QUALIFIED PURCHASER. a. An individual, a
group of individuals, or an entity owned directly or indirectly solely by individuals where
each individual shall have an income of more than two hundred thousand dollars ($200,000)
for the calendar year immediately preceding the date of the purchaser's signing of the purchase
contract, or a joint income with his or her spouse of...
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27-44-8
Section 27-44-8 Powers and duties of association. (a) If a member insurer is an impaired insurer,
the association may, in its discretion and subject to any conditions imposed by the association
that do not impair the contractual obligations of the impaired insurer, and that are approved
by the commissioner: (1) Guarantee or reinsure, or cause to be guaranteed, assumed, or reinsured,
any or all of the covered policies of the impaired insurers. (2) Provide such moneys, pledges,
notes, guarantees, or other means as are proper to effectuate subdivision (1), and assure
payment of the contractual obligations of the impaired insurer pending action under subdivision
(1). (b) If a member insurer is an insolvent insurer, the association shall, in its discretion
and subject to the approval of the commissioner, do either of the following: (1)a. Guarantee,
assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies
of the insolvent insurer. b. Assure payment of the...
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7-5-106
Section 7-5-106 Issuance, amendment, cancellation, and duration. (a) A letter of credit is
issued and becomes enforceable according to its terms against the issuer when the issuer sends
or otherwise transmits it to the person requested to advise or to the beneficiary. A letter
of credit is revocable only if it so provides. (b) After a letter of credit is issued, rights
and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an
amendment or cancellation to which that person has not consented except to the extent the
letter of credit provides that it is revocable or that the issuer may amend or cancel the
letter of credit without that consent. (c) If there is no stated expiration date or other
provision that determines its duration, a letter of credit expires one year after its stated
date of issuance or, if none is stated, after the date on which it is issued. (Acts 1997,
No. 97-702, p. 1427, §1.)...
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