Debtor will continue to receive dividends and distributions, and |
will continue to have the right to direct dispositions, but Alpha |
will also have the right to direct dispositions and receive the |
proceeds. Later, Debtor borrows from Beta and grants Beta a |
security interest all its investment property, existing and |
after-acquired. Debtor, Able, and Beta enter into an agreement |
under which Debtor will continue to receive dividends and |
distributions, and will continue to have the right to direct |
dispositions, but Beta will also have the right to direct |
dispositions and receive the proceeds. Alpha and Beta both have |
perfected-by-control security interests in the security |
entitlement to the XYZ Co. stock by virtue of their agreements |
with Able. See Sections 9-314(a), 9-106(a) [Maine cite section |
9-1314, subsection (1), section 9-1106, subsection (1)], 8- |
106(d)(2) [Maine cite section 8-1106, subsection (4), paragraph |
(b)]. Under paragraph (2)(B)(ii) [Maine cite subsection (2), |
paragraph (b), subparagraph (ii)], the priority of each security |
interest dates from the time of the secured party's agreement |
with Able. Because Alpha's agreement was first in time, Alpha |
has priority. This priority applies equally to security |
entitlements to financial assets credited to the account after |
the agreement was entered into. |