LD 2245
pg. 215
Page 214 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 216 of 493
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LR 1087
Item 1

 
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).

 
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.

 
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.

 
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.

 
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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