LD 2245
pg. 225
Page 224 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 226 of 493
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LR 1087
Item 1

 
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.

 
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.

 
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.

 
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]."

 
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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