Code of Alabama

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7-9A-306
Section 7-9A-306 Law governing perfection and priority of security interests in letter-of-credit
rights. (a) Governing law: Issuer's or nominated person's jurisdiction. Subject to subsection
(c), the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction
is a State. (b) Issuer's or nominated person's jurisdiction. For purposes of this part, an
issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs
the liability of the issuer or nominated person with respect to the letter-of-credit right
as provided in Section 7-5-116. (c) When section not applicable. This section
does not apply to a security interest that is perfected only under Section 7-9A-308(d).
(Act 2001-481, p. 647, ยง1.)...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest
of: (1) the time perfection would have ceased under the law of that jurisdiction; (2) the
expiration of four months after a change of the debtor's location to another jurisdiction;
or (3) the expiration of one year after a transfer of collateral to a person that thereby
becomes a debtor and is located in another jurisdiction. (b) Security interest perfected or
unperfected under law of new jurisdiction. If a security interest described in subsection
(a) becomes perfected under the law of the other jurisdiction before the earliest time or
event described in that subsection, it remains perfected thereafter. If the security interest
does not become perfected under the law of the other jurisdiction before the earliest...
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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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7-5-114
Section 7-5-114 Assignment of proceeds. (a) In this section, "proceeds of
a letter of credit" means the cash, check, accepted draft, or other item of value paid
or delivered upon honor or giving of value by the issuer or any nominated person under the
letter of credit. The term does not include a beneficiary's drawing rights or documents presented
by the beneficiary. (b) A beneficiary may assign its right to part or all of the proceeds
of a letter of credit. The beneficiary may do so before presentation as a present assignment
of its right to receive proceeds contingent upon its compliance with the terms and conditions
of the letter of credit. (c) An issuer or nominated person need not recognize an assignment
of proceeds of a letter of credit until it consents to the assignment. (d) An issuer or nominated
person has no obligation to give or withhold its consent to an assignment of proceeds of a
letter of credit, but consent may not be unreasonably withheld if the assignee possesses and...

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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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7-9A-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-322
Section 7-9A-322 Priorities among conflicting security interests in and agricultural
liens on same collateral. (a) General priority rules. Except as otherwise provided in this
section, priority among conflicting security interests and agricultural liens in the
same collateral is determined according to the following rules: (1) Conflicting perfected
security interests and agricultural liens rank according to priority in time of filing or
perfection. Priority dates from the earlier of the time a filing covering the collateral is
first made or the security interest or agricultural lien is first perfected, if there is no
period thereafter when there is neither filing nor perfection. (2) A perfected security interest
or agricultural lien has priority over a conflicting unperfected security interest or agricultural
lien. (3) The first security interest or agricultural lien to attach or become effective has
priority if conflicting security interests and agricultural liens are unperfected. (b)...

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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in
subsections (c) and (d), this article applies to: (1) a transaction, regardless of its form,
that creates a security interest in personal property or fixtures by contract; (2) an agricultural
lien; (3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4)
a consignment; (5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3),
or 7-2A-508(5), as provided in Section 7-9A-110; and (6) a security interest arising
under Section 7-4-210 or 7-5-118. (b) Security interest in secured obligation. The
application of this article to a security interest in a secured obligation is not affected
by the fact that the obligation is itself secured by a transaction or interest to which this
article does not apply. (c) Extent to which article does not apply. This article does not
apply to the extent that: (1) a statute, regulation, or treaty of the United States preempts
this...
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7-9A-305
Section 7-9A-305 Law governing perfection and priority of security interests in investment
property. (a) Governing law: General rules. Except as otherwise provided in subsection (c),
the following rules apply: (1) While a security certificate is located in a jurisdiction,
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in the certificated security represented thereby.
(2) The local law of the issuer's jurisdiction as specified in Section 7-8-110(d) governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in an uncertificated security. (3) The local law of the securities intermediary's jurisdiction
as specified in Section 7-8-110(e) governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a security entitlement or securities
account. (4) The local law of the commodity intermediary's jurisdiction governs...
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7-5-118
Section 7-5-118 Security interest of issuer or nominated person. (a) An issuer or nominated
person has a security interest in a document presented under a letter of credit to the extent
that the issuer or nominated person honors or gives value for the presentation. (b) So long
as and to the extent that an issuer or nominated person has not been reimbursed or has not
otherwise recovered the value given with respect to a security interest in a document under
subsection (a), the security interest continues and is subject to Article 9A, but: (1) a security
agreement is not necessary to make the security interest enforceable under Section
7-9A-203(b)(3); (2) if the document is presented in a medium other than a written or other
tangible medium, the security interest is perfected; and (3) if the document is presented
in a written or other tangible medium and is not a certificated security, chattel paper, a
document of title, an instrument, or a letter of credit, the security interest is...
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