| | 2. Financing Statements Ineffective Under Former Article 9 | but Effective Under This Article. If this Article determines | priority, subsection (b) [Maine cite subsection (2)] may apply. | It deals with the case in which a filing that occurs before the | effective date of this Article would be ineffective to perfect a | security interest under former Article 9 but effective under this | Article. For purposes of Section 9-322(a) [Maine cite section 9- | 1322, subsection (1)], the priority of a security interest that | attaches after this Article takes effect and is perfected in this | manner dates from the time this Article takes effect. |
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| | Example 6: In 1999, SP1 obtains a security interest in D's | existing and after-acquired instruments and files a financing | statement covering "instruments." In 2000, D grants a security | interest in its existing and after-acquired accounts in favor of | SP2, who files a financing statement covering "accounts." After | this Article takes effect on July 1, 2001, one of D's account | debtors gives D a negotiable note to evidence its obligation to | pay an overdue account. Under the first-to-file-or-perfect rule | in Section 9-322(a) [Maine cite section 9-1322, subsection (1)], | SP1 would have priority in the instrument, which constitutes | SP2's proceeds. SP1's filing in 1999 was earlier than SP2's in | 2000. However, subsection (b) [Maine cite subsection (2)] | provides that, for purposes of Section 9-322(a) [Maine cite | section 9-1322, subsection (1)], SP1's priority dates from the | time this Article takes effect (July 1, 2001). Under Section 9- | 322(b) [Maine cite section 9-1322, subsection (2)], SP2's | priority with respect to the proceeds (instrument) dates from its | filing as to the original collateral (accounts). Accordingly, | SP2's security interest would be senior. |
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| Subsection (b) [Maine cite subsection (2)] does not apply to | conflicting security interests each of which is perfected by a | pre-effective-date filing that was not effective under former | Article 9 but is effective under this Article. |
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| | Example 7: In 1999, SP1 obtains a security interest in D's | existing and after-acquired instruments and files a financing | statement covering "instruments." In 2000, D grants a security | interest in its existing and after-acquired instruments in favor | of SP2, who files a financing statement covering "instruments." | After this Article takes effect on July 1, 2001, one of D's | account debtors gives D a negotiable note to evidence its | obligation to pay an overdue account. Under the first-to-file- | or-perfect rule in Section 9-322(a) [Maine cite section 9-1322, | subsection (1)], SP1 would have priority in the instrument. Both | filings are effective under this Article, see Section 9-705(b) | [Maine cite section 9-1705, subsection (2)], and SP1's filing in | 1999 was earlier than SP2's in 2000. Subsection (b) [Maine cite | subsection (2)] does | not change this result. |
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