7-5-103
Section 7-5-103 Scope. (a) This article applies to letters of credit and to certain rights
and obligations arising out of transactions involving letters of credit. (b) The statement
of a rule in this article does not by itself require, imply, or negate application of the
same or a different rule to a situation not provided for, or to a person not specified, in
this article. (c) With the exception of this subsection, subsections (a) and (d), Sections
7-5-102(a)(9) and (10), and 7-5-114(d), and except to the extent prohibited in Sections 7-1-302
and 7-5-117(d), the effect of this article may be varied by agreement or by a provision stated
or incorporated by reference in an undertaking. A term in a letter of credit, confirmation,
advice, transfer, amendment, or cancellation generally excusing liability or generally limiting
remedies for failure to perform obligations is not sufficient to vary obligations prescribed
by this article. (d) Rights and obligations of an issuer to a beneficiary...
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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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7-5-108
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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7-9A-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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7-5-107
Section 7-5-107 Confirmer, nominated person, and adviser. (a) A confirmer is directly obligated
on a letter of credit and has the rights and obligations of an issuer to the extent of its
confirmation. The confirmer also has rights against and obligations to the issuer as if the
issuer were an applicant and the confirmer had issued the letter of credit at the request
and for the account of the issuer. (b) A nominated person who is not a confirmer is not obligated
to honor or otherwise give value for a presentation. (c) A person requested to advise may
decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor
or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary
accurately to advise the terms of the letter of credit, confirmation, amendment, or advice
received by that person and undertakes to the beneficiary to check the apparent authenticity
of the request to advise. Even if the advice is inaccurate, the letter of...
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7-5-110
Section 7-5-110 Warranties. (a) If its presentation is honored, the beneficiary warrants: (1)
to the issuer, any other person to whom presentation is made, and the applicant that there
is no fraud or forgery of the kind described in Section 7-5-109(a); and (2) to the applicant
that the drawing does not violate any agreement between the applicant and beneficiary or any
other agreement intended by them to be augmented by the letter of credit. (b) The warranties
in subsection (a) are in addition to warranties arising under Article 3, 4, 7, and 8 because
of the presentation or transfer of documents covered by any of those articles. (Acts 1997,
No. 97-702, p. 1427, §1.)...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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7-5-117
Section 7-5-117 Subrogation of issuer, applicant, and nominated person. (a) An issuer that
honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the
same extent as if the issuer were a secondary obligor of the underlying obligation owed to
the beneficiary and of the applicant to the same extent as if the issuer were the secondary
obligor of the underlying obligation owed to the applicant. (b) An applicant that reimburses
an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or
nominated person to the same extent as if the applicant were the secondary obligor of the
obligations owed to the issuer and has the rights of subrogation of the issuer to the rights
of the beneficiary stated in subsection (a). (c) A nominated person who pays or gives value
against a draft or demand presented under a letter of credit is subrogated to the rights of:
(1) the issuer against the applicant to the same extent as if the nominated person...
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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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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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