8.9A-323 - A-323. Future advances.
§ 8.9A-323. Future advances.
(a) When priority based on time of advance. Except as otherwise provided insubsection (c), for purposes of determining the priority of a perfectedsecurity interest under § 8.9A-322 (a) (1), perfection of the securityinterest dates from the time an advance is made to the extent that thesecurity interest secures an advance that:
(1) is made while the security interest is perfected only:
(A) under § 8.9A-309 when it attaches; or
(B) temporarily under § 8.9A-312 (e), (f), or (g); and
(2) is not made pursuant to a commitment entered into before or while thesecurity interest is perfected by a method other than under § 8.9A-309 or §8.9A-312 (e), (f), or (g).
(b) Lien creditor. Except as otherwise provided in subsection (c), a securityinterest is subordinate to the rights of a person that becomes a liencreditor to the extent that the security interest secures an advance mademore than forty-five days after the person becomes a lien creditor unless theadvance 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 securityinterest 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 buyerof goods other than a buyer in ordinary course of business takes free of asecurity interest to the extent that it secures advances made after theearlier of:
(1) the time the secured party acquires knowledge of the buyer's purchase; or
(2) forty-five 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 commitmententered into without knowledge of the buyer's purchase and before theexpiration of the forty-five day period.
(f) Lessee of goods. Except as otherwise provided in subsection (g), a lesseeof goods, other than a lessee in ordinary course of business, takes theleasehold interest free of a security interest to the extent that it securesadvances made after the earlier of:
(1) the time the secured party acquires knowledge of the lease; or
(2) forty-five 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 commitmententered into without knowledge of the lease and before the expiration of theforty-five day period.
(Code 1950, § 43-27; 1964, c. 219, §§ 8.9-301, 8.9-307, 8.9-312; 1966, c.557; 1973, c. 509; 1983, c. 204; 1984, c. 613; 1991, c. 536, § 8.2A-307;1996, c. 216; 2000, c. 1007.)