2010 New Hampshire Statutes
TITLE XXXIV-A UNIFORM COMMERCIAL CODE
CHAPTER 382-A UNIFORM COMMERCIAL CODE
Section 382-A:9-323 Future Advances.

382-A:9-323 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 9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:
          (1) is made while the security interest is perfected only:
             (A) under Section 9-309 when it attaches; or
             (B) temporarily under Section 9-312(e), (f), or (g); 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 9-309 or 9-312(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.

Source. 2001, 102:25, eff. July 1, 2001.