§ 6A-9-403 Agreement not to assertdefenses against assignee. – (a) "Value." In this section, "value" has the meaning provided in §6A-3-303(a).
(b) Agreement not to assert claim or defense. Exceptas otherwise provided in this section, an agreement between an account debtorand an assignor not to assert against an assignee any claim or defense that theaccount debtor may have against the assignor is enforceable by an assignee thattakes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of a claim of a property or possessoryright to the property assigned; and
(4) Without notice of a defense or claim in recoupment of thetype that may be asserted against a person entitled to enforce a negotiableinstrument under § 6A-3-305(a).
(c) When subsection (b) not applicable. Subsection (b)does not apply to defenses of a type that may be asserted against a holder indue course of a negotiable instrument under § 6A-3-305(b).
(d) Omission of required statement in consumertransaction. In a consumer transaction, if a record evidences the accountdebtor's obligation, law other than this chapter requires that the recordinclude a statement to the effect that the rights of an assignee are subject toclaims or defenses that the account debtor could assert against the originalobligee, and the record does not include such a statement:
(1) The record has the same effect as if the record includedsuch a statement; and
(2) The account debtor may assert against an assignee thoseclaims and defenses that would have been available if the record included sucha statement.
(e) Rule for individual under other law. This sectionis subject to law other than this chapter which establishes a different rulefor an account debtor who is an individual and who incurred the obligationprimarily for personal, family, or household purposes.
(f) Other law not displaced. Except as otherwiseprovided in subsection (d), this section does not displace law other than thischapter which gives effect to an agreement by an account debtor not to assert aclaim or defense against an assignee.
§ 6A-9-403 Agreement not to assertdefenses against assignee. – (a) "Value." In this section, "value" has the meaning provided in §6A-3-303(a).
(b) Agreement not to assert claim or defense. Exceptas otherwise provided in this section, an agreement between an account debtorand an assignor not to assert against an assignee any claim or defense that theaccount debtor may have against the assignor is enforceable by an assignee thattakes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of a claim of a property or possessoryright to the property assigned; and
(4) Without notice of a defense or claim in recoupment of thetype that may be asserted against a person entitled to enforce a negotiableinstrument under § 6A-3-305(a).
(c) When subsection (b) not applicable. Subsection (b)does not apply to defenses of a type that may be asserted against a holder indue course of a negotiable instrument under § 6A-3-305(b).
(d) Omission of required statement in consumertransaction. In a consumer transaction, if a record evidences the accountdebtor's obligation, law other than this chapter requires that the recordinclude a statement to the effect that the rights of an assignee are subject toclaims or defenses that the account debtor could assert against the originalobligee, and the record does not include such a statement:
(1) The record has the same effect as if the record includedsuch a statement; and
(2) The account debtor may assert against an assignee thoseclaims and defenses that would have been available if the record included sucha statement.
(e) Rule for individual under other law. This sectionis subject to law other than this chapter which establishes a different rulefor an account debtor who is an individual and who incurred the obligationprimarily for personal, family, or household purposes.
(f) Other law not displaced. Except as otherwiseprovided in subsection (d), this section does not displace law other than thischapter which gives effect to an agreement by an account debtor not to assert aclaim or defense against an assignee.
§ 6A-9-403 Agreement not to assertdefenses against assignee. – (a) "Value." In this section, "value" has the meaning provided in §6A-3-303(a).
(b) Agreement not to assert claim or defense. Exceptas otherwise provided in this section, an agreement between an account debtorand an assignor not to assert against an assignee any claim or defense that theaccount debtor may have against the assignor is enforceable by an assignee thattakes an assignment:
(1) For value;
(2) In good faith;
(3) Without notice of a claim of a property or possessoryright to the property assigned; and
(4) Without notice of a defense or claim in recoupment of thetype that may be asserted against a person entitled to enforce a negotiableinstrument under § 6A-3-305(a).
(c) When subsection (b) not applicable. Subsection (b)does not apply to defenses of a type that may be asserted against a holder indue course of a negotiable instrument under § 6A-3-305(b).
(d) Omission of required statement in consumertransaction. In a consumer transaction, if a record evidences the accountdebtor's obligation, law other than this chapter requires that the recordinclude a statement to the effect that the rights of an assignee are subject toclaims or defenses that the account debtor could assert against the originalobligee, and the record does not include such a statement:
(1) The record has the same effect as if the record includedsuch a statement; and
(2) The account debtor may assert against an assignee thoseclaims and defenses that would have been available if the record included sucha statement.
(e) Rule for individual under other law. This sectionis subject to law other than this chapter which establishes a different rulefor an account debtor who is an individual and who incurred the obligationprimarily for personal, family, or household purposes.
(f) Other law not displaced. Except as otherwiseprovided in subsection (d), this section does not displace law other than thischapter which gives effect to an agreement by an account debtor not to assert aclaim or defense against an assignee.
