Delaware Code § 6-5-117

Subrogation of issuer, applicant, and nominated person
Open in Lexace · Ask the AI about this section
(a) An issuer that honors a beneficiary's presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer
were a secondary obligor of the underlying obligation owed to the beneficiary and of the applicant to the same extent as if the issuer were
the secondary obligor of the underlying obligation owed to the applicant.

(b) An applicant that reimburses an issuer is subrogated to the rights of the issuer against any beneficiary, presenter, or nominated person
to the same extent as if the applicant were the secondary obligor of the obligations owed to the issuer and has the rights of subrogation
of the issuer to the rights of the beneficiary stated in subsection (a).
(c) A nominated person who pays or gives value against a draft or demand presented under a letter of credit is subrogated to the rights of:
(1) the issuer against the applicant to the same extent as if the nominated person were a secondary obligor of the obligation owed
to the issuer by the applicant;
(2) the beneficiary to the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to
the beneficiary; and
(3) the applicant to same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.
(d) Notwithstanding any agreement or term to the contrary, the rights of subrogation stated in subsections (a) and (b) do not arise until
the issuer honors the letter of credit or otherwise pays and the rights in subsection (c) do not arise until the nominated person pays or
otherwise gives value. Until then, the issuer, nominated person, and the applicant do not derive under this Section present or prospective
rights forming the basis of a claim, defense, or excuse.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.