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§ 46-9-323 — West Virginia Law | CourtGPT
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  4. Chapter 46 - Uniform Commercial Code/
  5. Article 9 - Secured Transactions; Sales of Accounts and Chattel Paper§46-9-101. Short Title/
  6. § 46-9-323
West Virginia Legal Code

§ 46-9-323

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(a) When priority based on time of advance. Except as otherwise provided in subsection (c) of this section, 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) of this section, 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 forty-five 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.

er 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) of this section 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) of this section, 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) Forty-five days after the purchase.(e) Advances made pursuant to commitment: priority of buyer of goods. Subsection (d) of this section 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 forty-five-day period.(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, a lessee of goods, other than a lessee in ordinary course of business,

the expiration of the forty-five-day period.(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, 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) Forty-five days after the lease contract becomes enforceable.(g) Advances made pursuant to commitment: priority of lessee of goods. Subsection (f) of this section 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 forty-five-day period.