In Re Vic Supply Company, Inc., Debtor. Falconbridge U.S., Inc. v. Bank One Illinois, N.A.

I agree with my colleagues that Falcon-bridge cannot challenge the validity of the security agreement between Bank One and Vic Supply. I write separately to voice my concern regarding the majority’s further determination that the security agreement is, in any event, valid. While I am sympathetic to the majority’s intuition that Bank One and Vic Supply could not have intended the signature provision to mean what it says, I am not persuaded that such an intuition justifies reading the provision out of the agreement.

Under the signature provision, the security agreement becomes effective only if…