Section 28:9-323 - Future advances(a) Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under § 28:9-322(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 § 28:9-309 when it attaches; or(B) Temporarily under § 28:9-312(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 § 28:9-309 or 28:9-312(e), (f), or (g).(b) 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:(b) Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor while the security interest is perfected only to the extent that it secures advances 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) 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) Except as otherwise provided in subsection (e), a buyer of goods 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) 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) Except as otherwise provided in subsection (g), a lessee of goods 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) 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.Amended by D.C. Law 25-158,§ 2, 71 DCR 002265, eff. 4/20/2024.Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.