UCC Article 9: Purchase Money Security Interests and Blanket Asset Lien Exclusions
Documenting and Perfecting a PMSI; Statutory, Contractual and Other Exclusions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide commercial finance counsel with a discussion of items commonly carved out of Article 9 blanket liens, either by operation of law or by market practice. The panel will also review purchase money security interests, which are “super liens” that trump existing blanket liens.
Outline
- Obtaining all assets collateral liens
- Collateral excluded under the UCC
- Legal or contractual restrictions
- Obtaining purchase money security interests
- Other exclusions
Benefits
The panel will review these and other key issues:
- What personal property is outside the scope of Article 9 and thus not covered by a blanket lien?
- What type of borrower deposit accounts are typically excluded from blanket liens?
- What are the perfection requirements for a PMSI?
Faculty
James C. Schulwolf
Partner
Shipman & Goodwin
Mr. Schulwolf is a partner in Shipman's Business and Corporate Practice Group. He focuses his practice on... | Read More
Mr. Schulwolf is a partner in Shipman's Business and Corporate Practice Group. He focuses his practice on advising clients in financing, investment, acquisition, and restructuring transactions. In the Finance sector, Mr. Schulwolf regularly represents financial institutions including banks, mezzanine funds, and other institutional investors in structuring, documenting, and closing complex senior and mezzanine financings, including mezzanine financings with equity co-investments. He regularly represents lenders in connection with acquisition financings, financing of alternative energy projects (including wind, solar, and fuel cell projects), asset-based loans, cash flow loans, and syndicated credit facilities and he also represents Shipman's corporate clients and private equity portfolio companies in their financing transactions.
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Steven O. Weise
Partner
Proskauer Rose
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those... | Read More
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.
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Dean T. Kirby, Jr.
Principal
Kirby & McGuinn
Mr. Kirby represents lenders, creditors and fiduciaries in bankruptcy, foreclosure commercial collection,... | Read More
Mr. Kirby represents lenders, creditors and fiduciaries in bankruptcy, foreclosure commercial collection, receiverships, workouts and lending transactions. He is certified by the American Board of Certification in the field of Creditors' Rights and by the Board of Specialization of the State Bar of California in the field of Bankruptcy. He is the only San Diego lawyer to have achieved certification in both Creditor Rights and Bankruptcy.
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