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(810 ILCS 5/9-103) (from Ch. 26, par. 9-103)
Sec. 9-103.
Purchase-money security interest; application of payments;
burden of establishing.
(a) Definitions. In this Section:
(1) "purchase-money collateral" means goods or |
| software that secures a purchase-money obligation incurred with respect to that collateral; and
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(2) "purchase-money obligation" means an obligation
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| of an obligor incurred as all or part of the price of the collateral or for value given to enable the debtor to acquire rights in or the use of the collateral if the value is in fact so used.
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(b) Purchase-money security interest in goods. A security interest in
goods is a purchase-money security interest:
(1) to the extent that the goods are purchase-money
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| collateral with respect to that security interest;
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(2) if the security interest is in inventory that is
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| or was purchase-money collateral, also to the extent that the security interest secures a purchase-money obligation incurred with respect to other inventory in which the secured party holds or held a purchase-money security interest; and
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(3) also to the extent that the security interest
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| secures a purchase-money obligation incurred with respect to software in which the secured party holds or held a purchase-money security interest.
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(c) Purchase-money security interest in software. A security interest in
software is a purchase-money security interest to the extent that the security
interest
also secures a purchase-money obligation incurred with respect to goods in
which
the secured party holds or held a purchase-money security interest if:
(1) the debtor acquired its interest in the software
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| in an integrated transaction in which it acquired an interest in the goods; and
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(2) the debtor acquired its interest in the software
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| for the principal purpose of using the software in the goods.
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(d) Consignor's inventory purchase-money security interest. The
security interest of a consignor in goods that are the subject of a consignment
is a
purchase-money security interest in inventory.
(e) Application of payment in non-consumer-goods transaction. In a
transaction other than a consumer-goods transaction, if the extent to which a
security interest is a purchase-money security interest depends on the
application of
a payment to a particular obligation, the payment must be applied:
(1) in accordance with any reasonable method of
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| application to which the parties agree;
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(2) in the absence of the parties' agreement to a
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| reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or
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(3) in the absence of an agreement to a reasonable
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| method and a timely manifestation of the obligor's intention, in the following order:
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(A) to obligations that are not secured; and
(B) if more than one obligation is secured, to
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| obligations secured by purchase-money security interests in the order in which those obligations were incurred.
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(f) No loss of status of purchase-money security interest in
non-consumer-goods transaction. In a transaction other than a consumer-goods
transaction, a purchase-money security interest does not lose its status as
such, even
if:
(1) the purchase-money collateral also secures an
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| obligation that is not a purchase-money obligation;
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(2) collateral that is not purchase-money collateral
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| also secures the purchase-money obligation; or
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(3) the purchase-money obligation has been renewed,
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| refinanced, consolidated, or restructured.
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(g) Burden of proof in non-consumer-goods transaction. In a
transaction other than a consumer-goods transaction, a secured party claiming a
purchase-money security interest has the burden of establishing the extent to
which
the security interest is a purchase-money security interest.
(h) Non-consumer-goods transactions; no inference. The limitation of
the rules in subsections (e), (f), and (g) to transactions other than
consumer-goods
transactions is intended to leave to the court the determination of the proper
rules in
consumer-goods transactions. The court may not infer from that limitation the
nature of the proper rule in consumer-goods transactions and may continue to
apply
established approaches.
(Source: P.A. 91-893, eff. 7-1-01.)
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