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Session Laws, 1999
Volume 796, Page 2151   View pdf image
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the party not making the transfer agrees at any time to the transfer in the lease
contract or otherwise, then, except as limited by contract, (i) the transferor is liable to
the party not making the transfer for damages caused by the transfer to the extent
that the damages could not reasonably be prevented by the party not making the
transfer and (ii) a court having jurisdiction may grant other appropriate relief,
including cancellation of the lease contract or an injunction against the transferor.

[(6)] (5) A transfer of "the lease" or of "all my rights under the lease", or a
transfer in similar general terms, is a transfer of rights, and, unless the language or
the circumstances, as in a transfer for security, indicate the contrary, the transfer is a
delegation of duties by the transferor to the transferee. Acceptance by the transferee
constitutes a promise by the transferee to perform those duties. The promise is
enforceable by either the transferor or the other party to the lease contract.

[(7)] (6) Unless otherwise agreed by the lessor and the lessee, a delegation of
performance does not relieve the transferor as against the other party of any duty to
perform or of any liability for default.

[(8)] (7) In a consumer lease, to prohibit the transfer of an interest of a party
under the lease contract or to make a transfer an event of default, the language must
be specific, by a writing, and conspicuous.

2A-307.

(1) Except as otherwise provided in § 2A-306, a creditor of a lessee takes
subject to the lease contract.

(2) Except as otherwise provided in subsection (3) of this section and in §§
2A-306 and 2A-308, a creditor of a lessor takes subject to the lease contract!:

(a) Unless] UNLESS the creditor holds a lien that attached to the goods
before the lease contract became enforceable[;

(b) Unless the creditor holds a security interest in the goods and the
lessee did not give value and receive delivery of the goods without knowledge of the
security interest; or

(c) Unless the creditor holds a security interest in the goods that was
perfected (§ 9-303) before the lease contract became enforceable.

(3) A lessee in the ordinary course of business takes the leasehold interest free
of a security interest in the goods created by the lessor even though the security
interest is perfected (§ 9-303) and the lessee knows of its existence].

(3) EXCEPT AS OTHERWISE PROVIDED IN §§ 9-317, 9-321, AND 9-323, A LESSEE
TAKES A LEASEHOLD INTEREST SUBJECT TO A SECURITY INTEREST HELD BY A
CREDITOR OF THE LESSOR.

(1) In this section:

 

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Session Laws, 1999
Volume 796, Page 2151   View pdf image
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