UCC-1 shall be filed with the Florida Secured Transaction Registry naming Breakaway Three, Ltd. UCC-1 financing statement shall be filed with the Florida Secured Transaction Registry covering the Earnings Collateral (as defined in the Assignment of Earnings) and the Insurance Collateral (as defined in the Assignment of Insurance), and naming Norwegian Xxxx Limited as Debtor and Nordea Bank Norge ASA in its capacity as Collateral Agent, as Secured Party.įlorida Secured Transaction Registry UCC-1 Financing Statement MedicWest Ambulance, Inc. FLORIDA SECURED TRANSACTION REGISTRY CODEUpon the proper filing of the Financing Statements with the Florida Secured Transaction Registry (the “Florida Filing Office”) the security interest in the Collateral (as such term is defined in the Security Agreement) granted by the Florida Guarantors will be perfected to the extent that a security interest in the Collateral can be perfected under the Uniform Commercial Code of the State by the filing of financing statements in the Florida Filing Office. No governmental approvals, authorizations, consents, orders or other actions or filings, other than filings under the Nuclear Asset-Recovery Law or with the Florida Secured Transaction Registry or the UCC of Delaware, are required for the Seller to execute, deliver and perform its obligations under this Sale Agreement except those which have previously been obtained or made or are required to be made by the Servicer in the future pursuant to the Servicing Agreement. FLORIDA SECURED TRANSACTION REGISTRY SERIESThe Issuer shall have made or caused to be made all filings with the Commission and the Florida Secured Transaction Registry pursuant to the Financing Order or Subsequent Financing Order, as applicable, and the Nuclear Asset-Recovery Law and all other filings necessary to perfect the Grant of the Series Collateral to the Indenture Trustee and the Lien of this Indenture and the related Series Supplement, including but not limited to UCC Financing Statements in Delaware or Florida as applicable. UCC-1 shall be filed with the Florida Secured Transaction Registry naming Breakaway Four, Ltd. The selected entity will need to provide all other infrastructure including but not limited to hardware, personnel, office space, network connections, and any other items required to maintain the Florida Secured Transaction Registry. UCC-1 shall be filed with the Florida Secured Transaction Registry naming Breakaway One, Ltd. Only security interests in tangible collateral, such as equipment may be perfected by the secured party taking possession.Examples of Florida Secured Transaction Registry in a sentenceįor example, the State of Florida maintains the Florida Secured Transaction Registry and provides an explanation of the filing office’s search logics. Note, however, that if a deposit account is claimed as proceeds of other collateral, a filed security interest in the original collateral automatically perfects a security interest in the proceeds. Security interests in deposit accounts and money may not be perfected by filing a financing statement covering these items. Alternatively, the secured party may obtain control by either: (i) putting the deposit account in the secured party's name, or (ii) agreeing in an authenticated record with the debtor an the bank in which the deposit account is maintained that the bank will comply with the secured party's orders regarding the deposit account. The bank where a nonconsumer deposit account is maintained automatically has control over the deposit account. Security interests in intangible collateral such as investment property, non consumer deposit accounts, and electronic chattel paper may be perfected by control. (C) By the secured party exercising control of the deposit account. A perfected security interest in goods is good against subsequent buyers unless (1) the secured party consents, (2) consumer goods are sold to a consumer, or (3) the goods are sold in the ordinary course of burins from a seller engaged in the business of selling goods of that kind and the buyer lacks knowledge that the sale violates the security agreement. This security interest is good as against both Lupe and Jan. Although Second Bank perfected its security interest after First Bank perfected, First Bank has priority because First Bank filed its financing statement before Second Bank filed or perfected. Perfection does not occur until a security interest has attached to collateral, which happens when the last of the following occurs: (1) the parties agree to create a security interest (2) the secured party gives value and (3) the debtor has rights in the collateral. As between conflicting security interest that were perfected by filing, priority goes to the first party to either file or perfect.
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