Indiana Code 8-1-8.9-16. SNG property interest; security interests
(b) A valid and enforceable lien and security interest in an SNG property interest may be created only by the execution and delivery of a security agreement with a financing entity in connection with the issuance of indebtedness. The security interest attaches automatically from the time that value is received for the indebtedness secured by the SNG property interest and, upon perfection through the filing of notice with the secretary of state:
Terms Used In Indiana Code 8-1-8.9-16
- assignee: means any individual, corporation, or other legal entity to which an SNG property interest is transferred. See Indiana Code 8-1-8.9-1
- Contract: A legal written agreement that becomes binding when signed.
- financing entity: means a person that provides:
Indiana Code 8-1-8.9-4
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- qualified contract: means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility. See Indiana Code 8-1-8.9-5
- qualified order: means a final and irrevocable order that:
Indiana Code 8-1-8.9-7
- SNG: has the meaning set forth in Indiana Code 8-1-8.9-8
- SNG property interest: means the right, title, and interest that:
Indiana Code 8-1-8.9-9
(2) has priority in the order of its filing; and
(3) takes precedence over any subsequent judicial lien or other creditor’s lien.
If notice is filed with the secretary of state not later than ten (10) days after value is received for the indebtedness, the security interest is perfected retroactive to the date the value was received. If notice is not filed with the secretary of state within ten (10) days after value is received for the indebtedness, the security interest is perfected as of the date of filing.
(c) Transfer of an SNG property interest to an assignee is perfected against all third parties, including subsequent judicial or other lien creditors, upon:
(1) the delivery of transfer documents to the assignee; and
(2) the filing of notice with the secretary of state in accordance with subsection (b).
However, if notice of the transfer is not filed with the secretary of state within ten (10) days after the delivery of the transfer documentation, the transfer of the SNG property interest is not perfected against third parties until the notice is filed.
(d) The priority of a lien and security interest under this section is not impaired by either of the following:
(1) A later modification of the qualified order creating the SNG property interest being transferred.
(2) The commingling of other funds with funds collected in connection with a qualified contract. Any other security interest that may apply to funds collected in connection with a qualified contract terminates when the funds are transferred to a segregated account for the benefit of the assignee or a financing entity. If an SNG property interest has been transferred to an assignee, any proceeds from the SNG property interest shall be held in trust for the assignee.
(e) If a default or termination occurs in connection with a financing secured by an SNG property interest, the financing entity or its representative may foreclose on or otherwise enforce its lien and security interest in the SNG property interest as if the financing entity were a secured party under IC 26-1-9.1. Amounts arising from the qualified contract that is the basis of the SNG property interest shall be transferred to a separate account for the financing entity’s benefit and are subject to the financing entity’s security interest and lien.
As added by P.L.175-2007, SEC.21.