Section 9--323. Future Advances.\n (a) When priority based on time of advance. Except as otherwise\nprovided in subsection (c), for purposes of determining the priority of\na perfected security interest under Section 9--322(a)(1), perfection of\nthe security interest dates from the time an advance is made to the\nextent that the security interest secures an advance that:\n (1) is made while the security interest is perfected only:\n (A) under Section 9--309 when it attaches; or\n (B) temporarily under Section 9--312(e), (f), or (g); and\n (2) is not made pursuant to a commitment entered into before or\n while the security interest is perfected by a method other\n than under Section 9--309 or 9--312(e), (f), or (g).\n (b) Lien creditor. Except as otherwise provided in subsections (c) and\n(h), a security interest is subordinate to the rights of a person that\nbecomes a lien creditor to the extent that the security interest secures\nan advance made more than 45 days after the person becomes a lien\ncreditor unless the advance is made:\n (1) without knowledge of the lien; or\n (2) pursuant to a commitment entered into without knowledge of\n the lien.\n (c) Buyer of receivables. Subsections (a) and (b) do not apply to a\nsecurity interest held by a secured party that is a buyer of accounts,\nchattel paper, payment intangibles, or promissory notes or a consignor.\n * (d) Buyer of goods. Except as otherwise provided in subsection (e),\na buyer of goods other than a buyer in ordinary course of business takes\nfree of a security interest to the extent that it secures advances made\nafter the earlier of:\n (1) the time the secured party acquires knowledge of the buyer's\n purchase; or\n (2) 45 days after the purchase.\n * NB Effective until June 3, 2026\n* (d) Buyer of goods. Except as otherwise provided in subsection (e), a\nbuyer of goods takes free of a security interest to the extent that it\nsecures advances made after the earlier of:\n (1) the time the secured party acquires knowledge of the buyer's\n purchase; or\n (2) 45 days after the purchase.\n * NB Effective June 3, 2026\n (e) Advances made pursuant to commitment: priority of buyer of goods.\nSubsection (d) does not apply if the advance is made pursuant to a\ncommitment entered into without knowledge of the buyer's purchase and\nbefore the expiration of the 45 day period.\n * (f) Lessee of goods. Except as otherwise provided in subsection (g),\na lessee of goods, other than a lessee in ordinary course of business,\ntakes the leasehold interest free of a security interest to the extent\nthat it secures advances made after the earlier of:\n (1) the time the secured party acquires knowledge of the lease;\n or\n (2) 45 days after the lease contract becomes enforceable.\n * NB Effective until June 3, 2026\n* (f) Lessee of goods. Except as otherwise provided in subsection (g), a\nlessee of goods takes the leasehold interest free of a security interest\nto the extent that it secures advances made after the earlier of:\n (1) the time the secured party acquires knowledge of the lease;\n or\n (2) 45 days after the lease contract becomes enforceable.\n * NB Effective June 3, 2026\n (g) Advances made pursuant to commitment: priority of lessee of goods.\nSubsection (f) does not apply if the advance is made pursuant to a\ncommitment entered into without knowledge of the lease and before the\nexpiration of the 45 day period.\n (h) Priority with respect to cooperative interests. The following\nrules apply for purposes of determining under Section 9--322(a)(1) the\npriority of a perfected security interest in a cooperative interest:\n (1) Perfection of the security interest with respect to a future\n advance dates from the time of the filing under Section\n 9--310(d)
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