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Session Laws, 1999
Volume 796, Page 2088   View pdf image
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9-330. PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT.

(A) A PURCHASER OF CHATTEL PAPER HAS PRIORITY OVER A SECURITY
INTEREST IN THE CHATTEL PAPER WHICH IS CLAIMED MERELY AS PROCEEDS OF
INVENTORY SUBJECT TO A SECURITY INTEREST IF:

(1) IN GOOD FAITH AND IN THE ORDINARY COURSE OF THE
PURCHASER'S BUSINESS, THE PURCHASER GIVES NEW VALUE AND TAKES
POSSESSION OF THE CHATTEL PAPER OR OBTAINS CONTROL OF THE CHATTEL
PAPER UNDER § 9-105; AND

(2) THE CHATTEL PAPER DOES NOT INDICATE THAT IT HAS BEEN
ASSIGNED TO AN IDENTIFIED ASSIGNEE OTHER THAN THE PURCHASER

(B) A PURCHASER OF CHATTEL PAPER HAS PRIORITY OVER A SECURITY
INTEREST IN THE CHATTEL PAPER WHICH IS CLAIMED OTHER THAN MERELY AS
PROCEEDS OF INVENTORY SUBJECT TO A SECURITY INTEREST IF THE PURCHASER
GIVES NEW VALUE AND TAKES POSSESSION OF THE CHATTEL PAPER OR OBTAINS
CONTROL OF THE CHATTEL PAPER UNDER § 9-105 IN GOOD FAITH, IN THE ORDINARY
COURSE OF THE PURCHASER'S BUSINESS, AND WITHOUT KNOWLEDGE THAT THE
PURCHASE VIOLATES THE RIGHTS OF THE SECURED PARTY.

(C) EXCEPT AS OTHERWISE PROVIDED IN § 9-327, A PURCHASER HAVING
PRIORITY IN CHATTEL PAPER UNDER SUBSECTION (A) OR (B) ALSO HAS PRIORITY IN
PROCEEDS OF THE CHATTEL PAPER TO THE EXTENT THAT:

(1) § 9-322 PROVIDES FOR PRIORITY IN THE PROCEEDS; OR

(2) THE PROCEEDS CONSIST OF THE SPECIFIC GOODS COVERED BY THE
CHATTEL PAPER OR CASH PROCEEDS OF THE SPECIFIC GOODS, EVEN IF THE
PURCHASER'S SECURITY INTEREST IN THE PROCEEDS IS UNPERFECTED.

(D) EXCEPT AS OTHERWISE PROVIDED IN § 9-331(A), A PURCHASER OF AN
INSTRUMENT HAS PRIORITY OVER A SECURITY INTEREST IN THE INSTRUMENT
PERFECTED BY A METHOD OTHER THAN POSSESSION IF THE PURCHASER GIVES
VALUE AND TAKES POSSESSION OF THE INSTRUMENT IN GOOD FAITH AND WITHOUT
KNOWLEDGE THAT THE PURCHASE VIOLATES THE RIGHTS OF THE SECURED PARTY.

(E) FOR PURPOSES OF SUBSECTIONS (A) AND (B), THE HOLDER OF A
PURCHASE-MONEY SECURITY INTEREST IN INVENTORY GIVES NEW VALUE FOR
CHATTEL PAPER CONSTITUTING PROCEEDS OF THE INVENTORY.

(F) FOR PURPOSES OF SUBSECTIONS (B) AND (D), IF CHATTEL PAPER OR AN
INSTRUMENT INDICATES THAT IT HAS BEEN ASSIGNED TO AN IDENTIFIED SECURED
PARTY OTHER THAN THE PURCHASER, A PURCHASER OF THE CHATTEL PAPER OR
INSTRUMENT HAS KNOWLEDGE THAT THE PURCHASE VIOLATES THE RIGHTS OF THE
SECURED PARTY.

 

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Session Laws, 1999
Volume 796, Page 2088   View pdf image
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