10 Del. C. § 7316A: Claim subordination.

(a) A subordination agreement is enforceable under this chapter to the same extent the agreement is enforceable under other law.

(b) Subject to subsection (c) of this section, the following claims are subordinate to a claim or interest that is senior or equal in priority to a claim or interest represented by a security or other equity interest in the assignor or an affiliate of the assignor:

(1) A claim arising from rescission of a purchase or sale of the security or other equity interest;

(2) A claim for damages arising from the purchase or sale of the security or other equity interest; and

(3) A claim for reimbursement or contribution allowed on account of the rescission or damage claim.

(c) If the security is common stock or another common equity interest, a claim subject to subordination under subsection (b) of this section has the same priority as common stock or another common equity interest.