| subsequently is determined to be a security interest. Cf. | Section 9-505 [Maine cite section 9-1505] (use of "consignor" and | "consignee" in financing statement). |
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| | 8. Priority in Proceeds: General. When the purchase-money | secured party has priority over another secured party, the | question arises whether this priority extends to the proceeds of | the original collateral. Subsections (a), (d) and (f) [Maine | cite subsections (1), (4) and (6)] give an affirmative answer, | but only as to proceeds in which the security interest is | perfected (see Section 9-315 [Maine cite section 9-1315]). | Although this qualification did not appear in former Section 9- | 312(4), it was implicit in that provision. |
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| | In the case of inventory collateral under subsection (b) | [Maine cite subsection (2)], where financing frequently is based | on the resulting accounts, chattel paper, or other proceeds, the | special priority of the purchase-money secured interest carries | over into only certain types of proceeds. As under former | Section 9-312(3), the purchase-money priority in inventory under | subsection (b) [Maine cite subsection (2)] carries over into | identifiable cash proceeds (defined in Section 9-102 [Maine cite | section 9-1102]) received on or before the delivery of the | inventory to a buyer. |
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| | As a general matter, also like former Section 9-312(3), the | purchase-money priority in inventory does not carry over into | proceeds consisting of accounts or chattel paper. Many parties | financing inventory are quite content to protect their first- | priority security interest in the inventory itself. They realize | that when the inventory is sold, someone else will be financing | the resulting receivables (accounts or chattel paper), and the | priority for inventory will not run forward to the receivables | constituting the proceeds. Indeed, the cash supplied by the | receivables financer often will be used to pay the inventory | financing. In some situations, the party financing the inventory | on a purchase-money basis makes contractual arrangements that the | proceeds of receivables financing by another be devoted to paying | off the inventory security interest. |
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| | However, the purchase-money priority in inventory does carry | over to proceeds consisting of chattel paper and its proceeds | (and also to instruments) to the extent provided in Section 9-330 | [Maine cite section 9-1330]. Under Section 9-330(e) [Maine cite | section 9-1330, subsection (5)], the holder of a purchase-money | security interest in inventory is deemed to give new value for | proceeds consisting of chattel paper. Taken together, Sections | 9-324(b) [Maine cite section 9-1324, subsection (2)] and 9-330(e) | [Maine cite section 9-1330, subsection (5)] enable a purchase- | money | inventory secured party to obtain priority in |
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