Texas Business & Commerce Code

§ 5.117 — SUBROGATION OF ISSUER, APPLICANT, AND NOMINATED PERSON

BC § 5.117Title 1. UNIFORM COMMERCIAL CODE · Ch. 5. LETTERS OF CREDIT

Statute text

(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 the same extent as if the nominated person were a secondary obligor of the underlying obligation owed to the applicant.

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Legislative history

Amended by Acts 1999, 76th Leg., ch. 4, Sec. 1, eff. Sept. 1, 1999.