§490:9-407  Restrictions on creation or
enforcement of security interest in leasehold interest or in lessor's residual
interest.  (a)  Except as otherwise provided in subsection (b), a term in a
lease agreement is ineffective to the extent that it:



(1)  Prohibits, restricts, or requires the consent of
a party to the lease to the assignment or transfer of, [or] the creation,
attachment, perfection, or enforcement of a security interest in, an interest
of a party under the lease contract or in the lessor's residual interest in the
goods; or



(2)  Provides that the assignment or transfer or the
creation, attachment, perfection, or enforcement of the security interest may
give rise to a default, breach, right of recoupment, claim, defense,
termination, right of termination, or remedy under the lease.



(b)  Except as otherwise provided in section
490:2A-303(g), a term described in subsection (a)(2) is effective to the extent
that there is:



(1)  A transfer by the lessee of the lessee's right of
possession or use of the goods in violation of the term; or



(2)  A delegation of a material performance of either
party to the lease contract in violation of the term.



(c)  The creation, attachment, perfection, or
enforcement of a security interest in the lessor's interest under the lease
contract or the lessor's residual interest in the goods is not a transfer that
materially impairs the lessee's prospect of obtaining return performance or
materially changes the duty of or materially increases the burden or risk
imposed on the lessee within the purview of section 490:2A-303(d) unless, and
then only to the extent that, enforcement actually results in a delegation of
material performance of the lessor. [L 2000, c 241, pt of §1]