Okla. Stat. tit. 12A, § 12A-1-9-409
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-409, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Restrictions on assignment of letter-of-credit rights
Official statutory text
ineffective.
RESTRICTIONS ON ASSIGNMENT OF
LETTER-OF-CREDIT RIGHTS INEFFECTIVE
(a) 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) To the extent that a term in a letter of credit is
ineffective under subsection (a) of this section but would be
effective under law other than this article or a custom or practice
applicable to the letter of credit, to the transfer of a right to
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 105
draw or otherwise demand performance under the letter of credit, or
to the assignment of a right to proceeds of the letter of credit,
the creation, attachment, or perfection of a security interest in
the letter-of-credit right:
(1) is not enforceable against the applicant, issuer, nominated
person, or transferee beneficiary;
(2) imposes no duties or obligations on the applicant, issuer,
nominated person, or transferee beneficiary; and
(3) does not require the applicant, issuer, nominated person,
or transferee beneficiary to recognize the security interest, pay or
render performance to the secured party, or accept payment or other
performance from the secured party.
RESTRICTIONS ON ASSIGNMENT OF
LETTER-OF-CREDIT RIGHTS INEFFECTIVE
(a) 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) To the extent that a term in a letter of credit is
ineffective under subsection (a) of this section but would be
effective under law other than this article or a custom or practice
applicable to the letter of credit, to the transfer of a right to
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 105
draw or otherwise demand performance under the letter of credit, or
to the assignment of a right to proceeds of the letter of credit,
the creation, attachment, or perfection of a security interest in
the letter-of-credit right:
(1) is not enforceable against the applicant, issuer, nominated
person, or transferee beneficiary;
(2) imposes no duties or obligations on the applicant, issuer,
nominated person, or transferee beneficiary; and
(3) does not require the applicant, issuer, nominated person,
or transferee beneficiary to recognize the security interest, pay or
render performance to the secured party, or accept payment or other
performance from the secured party.
Status: in_force · Read it on the official government site
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