MIPSA Survey 1

1. Welcome to the survey for our first virtual meeting. Please answer all questions on which you have opinions; your responses will not be individually reported except for any narrative comments that you might provide. We do ask for your name and email address, as we will put you on the MIPSA Listserv if you are not already on that (unless you indicate that you do not want to be on the listserv). We also encourage you to formally join the Task Force through your online ABA account.

Welcome to the survey for our first virtual meeting. Please answer all questions on which you have opinions; your responses will not be individually reported except for any narrative comments that you might provide. We do ask for your name and email address, as we will put you on the MIPSA Listserv if you are not already on that (unless you indicate that you do not want to be on the listserv). We also encourage you to formally join the Task Force through your online ABA account. Name

Email address

2. Should the MIPSA grant clause say that, in addition to the grant of a security interest, the grant...

	Yes	No	Undecided
is "irrevocable"?	*Should the MIPSA grant clause say that, in addition to the grant of a security interest, the grant... is "irrevocable"? Yes	is "irrevocable"? No	is "irrevocable"? Undecided
is "continuing"?	is "continuing"? Yes	is "continuing"? No	is "continuing"? Undecided
includes an "assignment" of the Collateral?	includes an "assignment" of the Collateral? Yes	includes an "assignment" of the Collateral? No	includes an "assignment" of the Collateral? Undecided
includes a grant of a "lien" in the Collateral?	includes a grant of a "lien" in the Collateral? Yes	includes a grant of a "lien" in the Collateral? No	includes a grant of a "lien" in the Collateral? Undecided
is made with "power of sale"?	is made with "power of sale"? Yes	is made with "power of sale"? No	is made with "power of sale"? Undecided
includes a "right of setoff" against the Collateral?	includes a "right of setoff" against the Collateral? Yes	includes a "right of setoff" against the Collateral? No	includes a "right of setoff" against the Collateral? Undecided
"mortgages" the Collateral?	"mortgages" the Collateral? Yes	"mortgages" the Collateral? No	"mortgages" the Collateral? Undecided
"hypothecates" the Collateral?	"hypothecates" the Collateral? Yes	"hypothecates" the Collateral? No	"hypothecates" the Collateral? Undecided
"assigns" the Collateral?	"assigns" the Collateral? Yes	"assigns" the Collateral? No	"assigns" the Collateral? Undecided
"pledges" the Collateral?	"pledges" the Collateral? Yes	"pledges" the Collateral? No	"pledges" the Collateral? Undecided

Comments

3. 29% of IPSAs sampled included express carveouts for "intentions to use" trademarks. If this is necessary to prevent harm to the ITU, then it should be in all security agreements that cover IP, even if just covered as "general intangibles." So this is a big question. The Task Force needs help evaluating this. Perhaps you already know the answer. Would you like to help with this issue?

29% of IPSAs sampled included express carveouts for "intentions to use" trademarks. If this is necessary to prevent harm to the ITU, then it should be in all security agreements that cover IP, even if just covered as "general intangibles." So this is a big question. The Task Force needs help evaluating this. Perhaps you already know the answer. Would you like to help with this issue? Yes

Comments

4. Should the MIPSA grant clause include an express carveout for contravention of statutes generally?

Should the MIPSA grant clause include an express carveout for contravention of statutes generally? Yes

Undecided

Comments

5. Should the MIPSA grant clause include an express carveout for contravention of other contracts generally?

Should the MIPSA grant clause include an express carveout for contravention of other contracts generally? Yes

Undecided

Comments

6. Would you like to talk with a Chair or Vice Chair of the MIPSA Task Force about joining the group, to offer to participate, or to lodge further comments on the above issues?

Would you like to talk with a Chair or Vice Chair of the MIPSA Task Force about joining the group, to offer to participate, or to lodge further comments on the above issues? Yes

Comments

7. Please give below any brief additional comments on MIPSA matters

Please give below any brief additional comments on MIPSA matters

MIPSA Survey 1
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1. Default Section

2. Should the MIPSA grant clause say that, in addition to the grant of a security interest, the grant...

4. Should the MIPSA grant clause include an express carveout for contravention of statutes generally?

5. Should the MIPSA grant clause include an express carveout for contravention of other contracts generally?

6. Would you like to talk with a Chair or Vice Chair of the MIPSA Task Force about joining the group, to offer to participate, or to lodge further comments on the above issues?

7. Please give below any brief additional comments on MIPSA matters

MIPSA Survey 1Exit this survey

1. Default Section

2. Should the MIPSA grant clause say that, in addition to the grant of a security interest, the grant...

4. Should the MIPSA grant clause include an express carveout for contravention of statutes generally?

5. Should the MIPSA grant clause include an express carveout for contravention of other contracts generally?

6. Would you like to talk with a Chair or Vice Chair of the MIPSA Task Force about joining the group, to offer to participate, or to lodge further comments on the above issues?

7. Please give below any brief additional comments on MIPSA matters

MIPSA Survey 1
Exit this survey