D.C. Code § 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.