| the secured party must give the notification required by | subsection (b) [Maine cite subsection (2)] at or before the usual | time, i.e., when the debtor gets possession of the inventory, | even though the security interest remains perfected for 20 days | under Section 9312 (e) or (f) [Maine cite section 9-1312, | subsection (5) or (6)]. |
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| | Some people have mistakenly read former Section 9-312(3)(b) to | require, as a condition of purchase-money priority in inventory, | that the purchase-money secured party give the notification | before it files a financing statement. Read correctly, the | "before" clauses compare (i) the time when the holder of the | conflicting security interest filed a financing statement with | (ii) the time when the purchase-money security interest becomes | perfected by filing or automatically perfected temporarily. Only | if (i) occurs before (ii) must notification be given to the | holder of the conflicting security interest. Subsection (c) | [Maine cite subsection (3)] has been rewritten to clarify this | point. |
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| | 6. Notification to Conflicting Inventory Secured Party: | Address. Inasmuch as the address provided as that of the secured | party on a filed financing statement is an "address that is | reasonable under the circumstances," the holder of a purchase- | money security interest may satisfy the requirement to "send" | notification to the holder of a conflicting security interest in | inventory by sending a notification to that address, even if the | address is or becomes incorrect. See Section 9-102 [Maine cite | section 9-1102] (definition of "send"). Similarly, because the | address is "held out by [the holder of the conflicting security | interest] as the place for receipt of such communications [i.e., | communications relating to security interests]," the holder is | deemed to have "received" a notification delivered to that | address. See Section 1-201(26). |
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| | 7. Consignments. Subsections (b) and (c) [Maine cite | subsections (2) and (3)] also determine the priority of a | consignor's interest in consigned goods as against a security | interest in the goods created by the consignee. Inasmuch as a | consignment subject to this Article is defined to be a purchase- | money security interest, see Section 9-103(d) [Maine cite section | 9-1103, subsection (4)], no inference concerning the nature of | the transaction should be drawn from the fact that a consignor | uses the term "security interest" in its notice under subsection | (b)(4) [Maine cite subsection (2), paragraph (d)]. Similarly, a | notice stating that the consignor has delivered or expects to | deliver goods, properly described, "on consignment" meets the | requirements of subsection (b)(4) [Maine cite subsection (2), | paragraph (d)], even if it does not contain the term "security | interest," and even if the transaction |
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