Future advances

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  • (a) When priority based on time of advance. Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under § 9–322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

    • (1) is made while the security interest is perfected only:

      • (A) under § 9–309 when it attaches; or

      • (B) temporarily under § 9–312(e), (f), or (g); and

    • (2) is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under § 9–309 or 9–312(e), (f), or (g).

  • (b) Lien creditor. Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:

    • (1) without knowledge of the lien; or

    • (2) pursuant to a commitment entered into without knowledge of the lien.

  • (c) Buyer of receivables. Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

  • (d) Buyer of goods. Except as otherwise provided in subsection (e), a buyer of goods other than a buyer in ordinary course of business takes 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 buyer's purchase; or

    • (2) 45 days after the purchase.

  • (e) Advances made pursuant to commitment: priority of buyer of goods. 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) Lessee of goods. 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) Advances made pursuant to commitment: priority of lessee of goods. 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.


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