§ 9323. Future advances.
(a) When priority based on time of advance.--Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under section 9322(a)(1) (relating to general priority rules), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance which:
(1) is made while the security interest is perfected only:
(i) under section 9309 (relating to security interest perfected upon attachment) when it attaches; or
(ii) temporarily under any of the following sections:
(A) 9312(e) (relating to temporary perfection: new value);
(B) 9312(f) (relating to temporary perfection: goods or documents made available to debtor); or
(C) 9312(g) (relating to temporary perfection: delivery of security certificate or instrument to debtor); and
(2) is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 9309 or 9312(e), (f) or (g).
(b) Lien creditor.--Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made:
(1) without knowledge of the lien; or
(2) pursuant to a commitment entered into without knowledge of the lien.
(c) Buyer of receivables.--Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles or promissory notes or a consignor.
(d) Buyer of goods.--Except as otherwise provided in subsection (e), a buyer of goods other than a buyer in ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:
(1) the time the secured party acquires knowledge of the buyer's purchase; or
(2) 45 days after the purchase.
(e) Advances made pursuant to commitment: priority of buyer of goods.--Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45-day period.
(f) Lessee of goods.--Except as otherwise provided in subsection (g), a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:
(1) the time the secured party acquires knowledge of the lease; or
(2) 45 days after the lease contract becomes enforceable.
(g) Advances made pursuant to commitment: priority of lessee of goods.--Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
Cross References. Section 9323 is referred to in sections 2A307, 9328 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Perfection and Priority
Section 9301 - Law governing perfection and priority of security interests
Section 9302 - Law governing perfection and priority of agricultural liens
Section 9304 - Law governing perfection and priority of security interests in deposit accounts
Section 9305 - Law governing perfection and priority of security interests in investment property
Section 9307 - Location of debtor
Section 9308 - When security interest or agricultural lien is perfected; continuity of perfection
Section 9309 - Security interest perfected upon attachment
Section 9314 - Perfection by control
Section 9315 - Secured party's rights on disposition of collateral and in proceeds
Section 9316 - Effect of change in governing law
Section 9319 - Rights and title of consignee with respect to creditors and purchasers
Section 9321 - Licensee of general intangible and lessee of goods in ordinary course of business
Section 9323 - Future advances
Section 9324 - Priority of purchase-money security interests
Section 9325 - Priority of security interests in transferred collateral
Section 9326 - Priority of security interests created by new debtor
Section 9327 - Priority of security interests in deposit account
Section 9328 - Priority of security interests in investment property
Section 9329 - Priority of security interests in letter-of-credit right
Section 9330 - Priority of purchaser of chattel paper or instrument
Section 9332 - Transfer of money; transfer of funds from deposit account
Section 9333 - Priority of certain liens arising by operation of law
Section 9334 - Priority of security interests in fixtures and crops
Section 9336 - Commingled goods
Section 9337 - Priority of security interests in goods covered by certificate of title
Section 9339 - Priority subject to subordination
Section 9340 - Effectiveness of right of recoupment or set-off against deposit account
Section 9341 - Bank's rights and duties with respect to deposit account
Section 9342 - Bank's right to refuse to enter into or disclose existence of control agreement