Del. Code Ann. tit. 6, § 9-325

Priority of security interests in transferred collateral

72 Del. Laws, c. 401, § 1;
  1. (a) Subordination of security interest in transferred collateral. — Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:

    1. (1) the debtor acquired the collateral subject to the security interest created by the other person;
    2. (2) the security interest created by the other person was perfected when the debtor acquired the collateral; and
    3. (3) there is no period thereafter when the security interest is unperfected.
  2. (b) Limitation of subsection (a) subordination. — Subsection (a) subordinates a security interest only if the security interest:

    1. (1) otherwise would have priority solely under Section 9-322(a) or 9-324; or
    2. (2) arose solely under Section 2-711(3) or 2A-508(5).

72 Del. Laws, c. 401, § 1

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