Nevada § 104.9103 - Purchase-money security interest: Circumstances of existence; applicability of payments; burden of establishing

§ 104.9103. Purchase-money security interest: Circumstances of existence; applicability of payments; burden of establishing

1. In this section: (a) “Purchase-money collateral” means goods or software that secures a purchase-money

obligation incurred with respect to that collateral; and (b) “Purchase-money obligation” means an obligation 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. 2. A security interest in goods is a purchase-money security interest: (a) To the extent that the goods are purchase-money collateral with respect to that

security interest; (b) If the security interest is in inventory that is 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 (c) Also to the extent that the security interest secures a purchase-money obligation

incurred with respect to software in which the secured party holds or held a purchase-money

security interest. 3. 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: (a) The debtor acquired its interest in the software in an integrated transaction

in which it acquired an interest in the goods; and (b) The debtor acquired its interest in the software for the principal purpose of

using the software in the goods. 4. The security interest of a consignor in goods that are the subject of a consignment

is a purchase-money security interest in inventory. 5. 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: (a) In accordance with any reasonable method of application to which the parties agree; (b) In the absence of the parties' agreement to a reasonable method, in accordance

with any intention of the obligor manifested at or before the time of payment; or (c) In the absence of an agreement to a reasonable method and a timely manifestation

of the obligor's intention, in the following order: (1) To obligations that are not secured; and (2) If more than one obligation is secured, to obligations secured by purchase-money

security interests in the order in which those obligations were incurred. 6. In a transaction other than a consumer-goods transaction, a purchase-money security

interest does not lose its status as such, even if: (a) The purchase-money collateral also secures an obligation that is not a purchase-money

obligation; (b) Collateral that is not purchase-money collateral also secures the purchase-money

obligation; or (c) The purchase-money obligation has been renewed, refinanced, consolidated or restructured. 7. 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. 8. The limitation of the rules in subsections 5, 6 and 7 to transactions other than

consumer-goods transactions leaves 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.