(1) THE TIME THE SECURED PARTY ACQUIRES KNOWLEDGE OF THE
BUYER'S PURCHASE; OR
(2) 45 DAYS AFTER THE PURCHASE.
(E) SUBSECTION (D) DOES NOT APPLY IF THE ADVANCE IS MADE PURSUANT
TO A COMMITMENT ENTERED INTO WITHOUT KNOWLEDGE OF THE BUYER'S
PURCHASE AND BEFORE THE EXPIRATION OF THE 45-DAY PERIOD.
(F) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (G), A LESSEE OF
GOODS, OTHER THAN A LESSEE IN ORDINARY COURSE OF BUSINESS, TAKES THE
LEASEHOLD INTEREST FREE OF A SECURITY INTEREST TO THE EXTENT THAT IT
SECURES ADVANCES MADE AFTER THE EARLIER OF:
(1) THE TIME THE SECURED PARTY ACQUIRES KNOWLEDGE OF THE
LEASE; OR
(2) 45 DAYS AFTER THE LEASE CONTRACT BECOMES ENFORCEABLE.
(G) SUBSECTION (F) DOES NOT APPLY IF THE ADVANCE IS MADE PURSUANT
TO A COMMITMENT ENTERED INTO WITHOUT KNOWLEDGE OF THE LEASE AND
BEFORE THE EXPIRATION OF THE 45-DAY PERIOD.
9-324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.
(A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (G), A PERFECTED
PURCHASE-MONEY SECURITY INTEREST IN GOODS OTHER THAN INVENTORY OR
LIVESTOCK HAS PRIORITY OVER A CONFLICTING SECURITY INTEREST IN THE SAME
GOODS, AND, EXCEPT AS OTHERWISE PROVIDED IN § 9-327, A PERFECTED SECURITY
INTEREST IN ITS IDENTIFIABLE PROCEEDS ALSO HAS PRIORITY, IF THE
PURCHASE-MONEY SECURITY INTEREST IS PERFECTED WHEN THE DEBTOR
RECEIVES POSSESSION OF THE COLLATERAL OR WITHIN 20 DAYS THEREAFTER
(B) SUBJECT TO SUBSECTION (C) AND EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION (G), A PERFECTED PURCHASE-MONEY SECURITY INTEREST IN
INVENTORY HAS PRIORITY OVER A CONFLICTING SECURITY INTEREST IN THE SAME
INVENTORY, HAS PRIORITY OVER A CONFLICTING SECURITY INTEREST IN CHATTEL
PAPER OR AN INSTRUMENT CONSTITUTING PROCEEDS OF THE INVENTORY AND IN
PROCEEDS OF THE CHATTEL PAPER, IF SO PROVIDED IN § 9-330, AND, EXCEPT AS
OTHERWISE PROVIDED IN § 9-327, ALSO HAS PRIORITY IN IDENTIFIABLE CASH
PROCEEDS OF THE INVENTORY TO THE EXTENT THE IDENTIFIABLE CASH PROCEEDS
ARE RECEIVED ON OR BEFORE THE DELIVERY OF THE INVENTORY TO A BUYER, IF:
(1) THE PURCHASE-MONEY SECURITY INTEREST IS PERFECTED WHEN
THE DEBTOR RECEIVES POSSESSION OF THE INVENTORY;
(2) THE PURCHASE-MONEY SECURED PARTY SENDS AN
AUTHENTICATED NOTIFICATION TO THE HOLDER OF THE CONFLICTING SECURITY
INTEREST;
|