| that is "effective solely under Section 9508 [Maine cite section | 9-1508]," this section does not apply to the priority contest. | Rather, the normal priority rules apply. Under Section 9-322 | [Maine cite section 9-1322], because SP-Y's financing statement | was filed against Z Corp, the new debtor, before SP-X's, SP-Y's | security interest is senior to that of SP-X. Similarly, the | normal priority rules would govern priority between SP-Y and SP- | Z. |
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| | The second sentence of subsection (b) [Maine cite subsection | (2)] effectively limits the applicability of the first sentence | to situations in which a new debtor has become bound by more than | one security agreement entered into by the same original debtor. | When the new debtor has become bound by security agreements | entered into by different original debtors, the second sentence | provides that priority is based on priority in time of the new | debtor's becoming bound. |
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| | Example 5: Under the facts of Example 2, SP-W holds a | perfected-by-filing security interest in W Corp's existing and | after-acquired inventory. After Z Corp became bound by X Corp's | security agreement in favor of SP-X, Z Corp became bound by W | Corp's security agreement. Under subsection (b) [Maine cite | subsection (2)], SP-W's security interest in inventory acquired | by Z Corp is subordinate to that of SP-X, because Z Corp became | bound under SP-X's security agreement before it became bound | under SP-W's security agreement. This is the result regardless | of which financing statement (SP-X's or SP-W's) was filed first. |
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| | The second sentence of subsection (b) [Maine cite subsection | (2)] reflects the generally accepted view that priority based on | the first-to-file rule is inappropriate for resolving priority | disputes when the filings were made against different debtors. | Like subsection (a) [Maine cite subsection (1)] and the first | sentence of subsection (b) [Maine cite subsection (2)], however, | the second sentence of subsection (b) [Maine cite subsection (2)] | relates only to priority conflicts among security interests | perfected by filed financing statements that are "effective | solely under Section 9508 [Maine cite section 9-1508]." |
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| | Example 6: Under the facts of Example 5, after Z Corp became | bound by W Corp's security agreement, SP-W promptly filed a new | initial financing statement against Z Corp. At that time, SP-X's | security interest was perfected only pursuant to its original | filing against X Corp which was "effective solely under Section | 9508 [Maine cite section 9-1508]." Because SP-W's security | interest is not perfected by a financing statement that is | "effective solely under Section 9-508," this section does not | apply to the priority contest. Rather, the normal priority rules | apply. Under Section 9-322 [Maine cite section 9-1322], because | SP-W's | financing statement was the first to be filed against Z |
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