| Corp's security agreement (e.g., Z Corp buys X Corp's assets and | assumes its security agreement). See Section 9-203(d) [Maine | cite section 9-1203, subsection (4)]. Under Section 9-508 [Maine | cite section 9-1508], SPX's financing statement is effective to | perfect a security interest in the item of inventory in which Z | Corp has rights. However, subsection (a) [Maine cite subsection | (1)] provides that SPX's security interest is subordinate to | SPZ's, regardless of whether SP-X's financing statement was filed | before SP-Z perfected its security interest. |
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| | Example 2: SPX holds a perfected-by-filing security interest | in X Corp's existing and after-acquired inventory, and SPZ holds | a perfected-by-filing security interest in Z Corp's existing and | after-acquired inventory. Z Corp becomes bound as debtor by X | Corp's security agreement. Subsequently, Z Corp acquires a new | item of inventory. Under Section 9-508 [Maine cite section 9- | 1508], SPX's financing statement is effective to perfect a | security interest in the new item of inventory in which Z Corp | has rights. However, because SP-Z's security interest was | perfected by another method, subsection (a) [Maine cite | subsection (1)] provides that SPX's security interest is | subordinate to SPZ's, regardless of which financing statement was | filed first. This would be the case even if SP-Z filed after Z | Corp became bound by X Corp's security agreement. |
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| | 3. Other Priority Rules. Subsection (b) [Maine cite | subsection (2)] addresses the priority among security interests | created by the original debtor (X Corp). By invoking the other | priority rules of this subpart, as applicable, subsection (b) | [Maine cite subsection (2)] preserves the relative priority of | security interests created by the original debtor. |
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| | Example 3: Under the facts of Example 2, SPY also holds a | perfected-by-filing security interest in X Corp's existing and | after-acquired inventory. SPY filed after SPX. Inasmuch as both | SP-X's and SP-Y's security interests in inventory acquired by Z | Corp after it became bound are perfected solely under Section 9- | 508 [Maine cite section 9-1508], the normal priority rules | determine their relative priorities. Under the "first-to-file- | or-perfect" rule of Section 9-322(a)(1) [Maine cite section 9- | 1322, subsection (1), paragraph (a)], SPX has priority over SPY. |
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| | Example 4: Under the facts of Example 3, after Z Corp became | bound by X Corp's security agreement, SP-Y promptly filed a new | initial financing statement against Z Corp. At that time, SP-X's | security interest was perfected only by virtue of its original | filing against X Corp which was "effective solely under Section | 9508 [Maine cite section 9-1508]." Because SP-Y's security | interest no longer is perfected by a financing statement |
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