| | | 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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