Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Perfection and Priority
Section 9323 - Future advances

§ 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

Title 13 - COMMERCIAL CODE

Chapter 93 - Perfection and Priority

Extra - Chapter Notes

Section 9301 - Law governing perfection and priority of security interests

Section 9302 - Law governing perfection and priority of agricultural liens

Section 9303 - Law governing perfection and priority of security interests in goods covered by certificate of title

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 9306 - Law governing perfection and priority of security interests in letter-of-credit rights

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 9310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply

Section 9311 - Perfection of security interests in property subject to certain statutes, regulations and treaties

Section 9312 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money; perfection by permissive filing; temporary perfection with...

Section 9313 - When possession by or delivery to secured party perfects security interest without filing

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 9317 - Interests which take priority over or take free of security interest or agricultural lien

Section 9318 - No interest retained in right to payment which is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers

Section 9319 - Rights and title of consignee with respect to creditors and purchasers

Section 9320 - Buyer of goods

Section 9321 - Licensee of general intangible and lessee of goods in ordinary course of business

Section 9322 - Priorities among conflicting security interests in and agricultural liens on same collateral

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 9331 - Priority of rights of purchasers of instruments, documents and securities under other divisions; priority of interests in financial assets and security entitlements under Division 8

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 9335 - Accessions

Section 9336 - Commingled goods

Section 9337 - Priority of security interests in goods covered by certificate of title

Section 9338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

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