| | | whatsoever. Determining the obligations secured by collateral is | | solely a matter of construing the parties' agreement under | | applicable law. This Article rejects the holdings of cases | | decided under former Article 9 that applied other tests, such as | | whether a future advance or other subsequently incurred | | obligation was of the same or a similar type or class as earlier | | advances and obligations secured by the collateral. |
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| | | 6. Sales of Receivables. Subsections (a) and (c) [Maine cite | | subsections (1) and (3)] expressly validate after-acquired | | property and future advance clauses not only when the transaction | | is for security purposes but also when the transaction is the | | sale of accounts, chattel paper, payment intangibles, or | | promissory notes. This result was implicit under former Article | | 9. |
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| | | 7. Financing Statements. The effect of after-acquired | | property and future advance clauses as components of a security | | agreement should not be confused with the requirements applicable | | to financing statements under this Article's system of perfection | | by notice filing. The references to after-acquired property | | clauses and future advance clauses in this section are limited to | | security agreements. There is no need to refer to after-acquired | | property or future advances or other obligations secured in a | | financing statement. See Section 9-502 [Maine cite section 9- | | 1502], Comment 2. |
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| | | §9-1205.__Use or disposition of collateral permissible |
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| | | (1)__A security interest is not invalid or fraudulent against | | creditors solely because: |
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| | | (a)__The debtor has the right or ability to: |
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| | | (i)__Use, commingle or dispose of all or part of the | | collateral, including returned or repossessed goods; |
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| | | (ii) Collect, compromise, enforce or otherwise deal | | with collateral; |
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| | | (iii) Accept the return of collateral or make | | repossessions; or |
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| | | (iv)__Use, commingle or dispose of proceeds; or |
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| | | (b) The secured party fails to require the debtor to account | | for proceeds or replace collateral. |
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| | | (2)__This section does not relax the requirements of | | possession if attachment, perfection or enforcement of a security |
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