| | | 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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