Section 2A–303. (1) As used in this section, ''creation of a security interest'' includes the sale of a lease contract that is subject to Article 9, Secured Transactions, by reason of Section 9–109(a)(3).
(2) Except as provided in subsection (3) and Section 9–407, a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (4), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.
(3) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (4).
(4) Subject to subsection (3) and Section 9–407:
(a) if a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in Section 2A–501(2);
(b) if paragraph (a) is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless 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 transfer.
(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.
(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.
(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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 2a-511 - Merchant Lessee's Duties as to Rightfully Rejected Goods
Section 2a-512 - Lessee's Duties as to Rightfully Rejected Goods
Section 2a-504 - Liquidation of Damages
Section 2a-514 - Waiver of Lessee's Objections
Section 2a-510 - Installment Lease Contracts: Rejection and Default
Section 2a-513 - Cure by Lessor of Improper Tender or Delivery; Replacement
Section 2a-509 - Lessee's Rights on Improper Delivery; Rightful Rejection
Section 2a-105 - Territorial Application of Article to Goods Covered by Certificate of Title
Section 2a-507 - Proof of Market Rent: Time and Place
Section 2a-103 - Definitions and Index of Definitions
Section 2a-104 - Leases Subject to Other Law
Section 2a-515 - Acceptance of Goods
Section 2a-508 - Lessee's Remedies
Section 2a-523 - Lessor's Remedies
Section 2a-518 - Cover; Substitute Goods
Section 2a-532 - Lessor's Rights to Residual Interest
Section 2a-531 - Standing to Sue Third Parties for Injury to Goods
Section 2a-530 - Lessor's Incidental Damages
Section 2a-529 - Lessor's Action for the Rent
Section 2a-528 - Lessor's Damages for Nonacceptance, Failure to Pay, Repudiation, or Other Default
Section 2a-527 - Lessor's Rights to Dispose of Goods
Section 2a-517 - Revocation of Acceptance of Goods
Section 2a-526 - Lessor's Stoppage of Delivery in Transit or Otherwise
Section 2a-524 - Lessor's Right to Identify Goods to Lease Contract
Section 2a-522 - Lessee's Right to Goods on Lessor's Insolvency
Section 2a-521 - Lessee's Right to Specific Performance or Replevin
Section 2a-520 - Lessee's Incidental and Consequential Damages
Section 2a-525 - Lessor's Right to Possession of Goods
Section 2a-107 - Waiver or Renunciation of Claim or Right After Default
Section 2a-109 - Option to Accelerate at Will
Section 2a-304 - Subsequent Lease of Goods by Lessor
Section 2a-305 - Sale or Sublease of Goods by Lessee
Section 2a-306 - Priority of Certain Liens Arising by Operation of Law
Section 2a-308 - Special Rights of Creditors
Section 2a-309 - Lessor's and Lessee's Rights When Goods Become Fixtures
Section 2a-310 - Lessor's and Lessee's Rights When Goods Become Accessions.
Section 2a-311 - Priority Subject to Subordination
Section 2a-401 - Insecurity: Adequate Assurance of Performance
Section 2a-402 - Anticipatory Repudiation
Section 2a-403 - Retraction of Anticipatory Repudiation
Section 2a-404 - Substituted Performance
Section 2a-405 - Excused Performance
Section 2a-406 - Procedure on Excused Performance
Section 2a-407 - Irrevocable Promises: Finance Leases
Section 2a-501 - Default: Procedure
Section 2a-502 - Notice After Default
Section 2a-503 - Modification or Impairment of Rights and Remedies
Section 2a-302 - Title to and Possession of Goods
Section 2a-108 - Unconscionability
Section 2a-301 - Enforceability of Lease Contract
Section 2a-220 - Effect of Default on Risk of Loss
Section 2a-201 - Statute of Frauds
Section 2a-202 - Final Written Expression: Parol or Extrinsic Evidence
Section 2a-203 - Seals Inoperative
Section 2a-204 - Formation in General
Section 2a-206 - Offer and Acceptance in Formation of Lease Contract
Section 2a-208 - Modification, Rescission and Waiver
Section 2a-209 - Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2a-221 - Casualty to Identified Goods
Section 2a-210 - Express Warranties
Section 2a-212 - Implied Warranty of Merchantability
Section 2a-213 - Implied Warranty of Fitness for Particular Purpose
Section 2a-214 - Exclusion or Modification of Warranties
Section 2a-214a - Limitation on Exclusion or Modification of Warranties
Section 2a-215 - Cumulation and Conflict of Warranties Express or Implied
Section 2a-216 - Lack of Privity in Actions Against a Manufacturer, Supplier or Lessor of Goods
Section 2a-506 - Statute of Limitations