Tool Warehouse (a store similar to Home Depot) has fallen into some financial hardships and has obtained a $25,000 loan from Bank of Columbia. In the security agreement, the collateral to secure the debt is listed as “all inventory” of Tool Warehouse. The lawyer who drafted the document had intended to include an after-acquired property clause into the agreement, but absentmindedly forgot to do so.
If
Tool Warehouse goes into default 10 days later,
which argument would best justify a conclusion that after-acquired inventory
should
be included
in as
part
of the collateral?
(a) Bank of Columbia's lawyer has notes indicating his intent
to include an after-acquired property clause in the security agreement.
(b) Tool Warehouse will sell and replace inventory in the ordinary course of its business.
(c) The security agreement also provides that the security interest secures future advances.
(d) The security agreement would cover all inventory
acquired within 10 days of the date the Bank gave value.