Okla. Stat. tit. 12A, § 12A-5-117: Subrogation of Issuer, Applicant, and Nominated Person
Where this section sits in the code
- OK Code
- Title 12A
Subrogation of Issuer, Applicant, and Nominated Person.
(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) of this section.
(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.
(d) Notwithstanding any agreement or term to the contrary, the
rights of subrogation stated in subsections (a) and (b) of this
section do not arise until the issuer honors the letter of credit or
otherwise pays and the rights in subsection (c) of this section 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.
Collected 2026-09-14T18:32:36Z. Source file · JSON