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§12A-8-511.
§12A-8-511.
Priority Among Security Interests and Entitlement Holders.
(a) Except as otherwise provided in subsections (b) and (c) of this
section, if a securities intermediary does not have sufficient
interests in a particular financial asset to satisfy both its
obligations to entitlement holders who have security entitlements to
that financial asset and its obligation to a creditor of the
securities intermediary who has a security interest in that financial
asset, the claims of entitlement holders, other than the creditor,
have priority over the claim of the creditor.
(b) A claim of a creditor of a securities intermediary who has a
security interest in a financial asset held by a securities
intermediary has priority over claims of the securities intermediary's
entitlement holders who have security entitlements with respect to
that financial asset if the creditor has control over the financial
asset.
(c) If a clearing corporation does not have sufficient financial
assets to satisfy both its obligations to entitlement holders who have
security entitlements with respect to a financial asset and its
obligation to a creditor of the clearing corporation who has a
security interest in that financial asset, the claim of the creditor
has priority over the claims of entitlement holders.
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