Colorado § 4-1-310 - Subordinated obligations.

§ 4-1-310. Subordinated obligations.

An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor.

Source: L. 2006: Entire article R&RE, p. 469, § 1, effective September 1.

Editor's note: This section is similar to former § 4-1-209 as it existed prior to 2006.

ARTICLE 2

Sales

PART 1

SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER

4-2-101. Short title.

4-2-102. Scope - certain security and other transactions excluded from this article.

4-2-103. Definitions and index of definitions.

4-2-104. Definitions: "merchant" - "between merchants" - "financing agency".

4-2-105. Definitions: transferability - "goods" - "future" goods - "lot" - "commercial unit".

4-2-106. Definitions: "contract" - "agreement" - "contract for sale" - "sale" - "present sale" - "conforming" - "termination" - "cancellation" - "hybrid transaction".

4-2-107. Goods to be severed from realty - recording.

PART 2

FORM, FORMATION, AND READJUSTMENT OF CONTRACT

4-2-201. Formal requirements - statute of frauds.

4-2-202. Final expression - parol or extrinsic evidence.

4-2-203. Seals inoperative.

4-2-204. Formation in general.

4-2-205. Firm offers.

4-2-206. Offer and acceptance in formation of contract.

4-2-207. Additional terms in acceptance or confirmation.

4-2-208. Course of performance or practical construction.

4-2-209. Modification, rescission, and waiver.

4-2-210. Delegation of performance - assignment of rights.

PART 3

GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

4-2-301. General obligations of parties.

4-2-302. Unconscionable contract or clause.

4-2-303. Allocation or division of risks.

4-2-304. Price payable in money, goods, realty, or otherwise.

4-2-305. Open price term.

4-2-306. Output, requirements, and exclusive dealings.

4-2-307. Delivery in single lot or several lots.

4-2-308. Absence of specified place for delivery.

4-2-309. Absence of specific time provisions - notice of termination.

4-2-310. Open time for payment or running of credit - authority to ship under reservation.

4-2-311. Options and cooperation respecting performance.

4-2-312. Warranty of title and against infringement - buyer's obligation against infringement.

4-2-313. Express warranties by affirmation, promise, description, sample.

4-2-314. Implied warranty - merchantability - usage of trade.

4-2-315. Implied warranty - fitness for particular purpose.

4-2-316. Exclusion or modification of warranties.

4-2-317. Cumulation and conflict of warranties express or implied.

4-2-318. Third party beneficiaries of warranties express or implied.

4-2-319. F.O.B. and F.A.S. terms.

4-2-320. C.I.F. and C. & F. terms.

4-2-321. C.I.F. or C. & F. - "net landed weights" - "payment on arrival" - warranty of condition on arrival.

4-2-322. Delivery "ex-ship".

4-2-323. Form of bill of lading required in overseas shipment - "overseas".

4-2-324. "No arrival, no sale" term.

4-2-325. "Letter of credit" - "confirmed credit".

4-2-326. Sale on approval and sale or return - rights of creditors.

4-2-327. Special incidents of sale on approval and sale or return.

4-2-328. Sale by auction.

PART 4

TITLE, CREDITORS, AND GOOD FAITH PURCHASERS

4-2-401. Passing of title - reservation for security - limited application of this section.

4-2-402. Rights of seller's creditors against sold goods.

4-2-403. Power to transfer - good faith purchase of goods - "entrusting".

PART 5

PERFORMANCE

4-2-501. Insurable interest in goods - manner of identification of goods.

4-2-502. Buyer's right to goods on seller's insolvency - repudiation - failure to deliver.

4-2-503. Manner of seller's tender of delivery.

4-2-504. Shipment by seller.

4-2-505. Seller's shipment under reservation.

4-2-506. Rights of financing agency.

4-2-507. Effect of seller's tender - delivery on condition.

4-2-508. Cure by seller of improper tender or delivery - replacement.

4-2-509. Risk of loss in the absence of breach.

4-2-510. Effect of breach on risk of loss.

4-2-511. Tender of payment by buyer; payment by check; certification of payment in livestock transactions.

4-2-512. Payment by buyer before inspection.

4-2-513. Buyer's right to inspection of goods.

4-2-514. When documents deliverable on acceptance - when on payment.

4-2-515. Preserving evidence of goods in dispute.

PART 6

BREACH, REPUDIATION, AND EXCUSE

4-2-601. Buyer's rights on improper delivery.

4-2-602. Manner and effect of rightful rejection.

4-2-603. Merchant buyer's duties as to rightfully rejected goods.

4-2-604. Buyer's options as to salvage of rightfully rejected goods.

4-2-605. Waiver of buyer's objections by failure to particularize.

4-2-606. What constitutes acceptance of goods.

4-2-607. Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over.

4-2-608. Revocation of acceptance in whole or in part.

4-2-609. Right to adequate assurance of performance.

4-2-610. Anticipatory repudiation.

4-2-611. Retraction of anticipatory repudiation.

4-2-612. "Installment contract" - breach.

4-2-613. Casualty to identified goods.

4-2-614. Substituted performance.

4-2-615. Excuse by failure of presupposed conditions.

4-2-616. Procedure on notice claiming excuse.

PART 7

REMEDIES

4-2-701. Remedies for breach of collateral contracts not impaired.

4-2-702. Seller's remedies on discovery of buyer's insolvency.

4-2-703. Seller's remedies in general.

4-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

4-2-705. Seller's stoppage of delivery in transit or otherwise.

4-2-706. Seller's resale including contract for resale.

4-2-707. "Person in the position of a seller".

4-2-708. Seller's damages for nonacceptance or repudiation.

4-2-709. Action for the price.

4-2-710. Seller's incidental damages.

4-2-711. Buyer's remedies in general - buyer's security interest in rejected goods.

4-2-712. "Cover" - buyer's procurement of substitute goods.

4-2-713. Buyer's damages for nondelivery or repudiation.

4-2-714. Buyer's damages for breach in regard to accepted goods.

4-2-715. Buyer's incidental and consequential damages.

4-2-716. Buyer's right to specific performance or replevin.

4-2-717. Deduction of damages from the price.

4-2-718. Liquidation or limitation of damages - deposits.

4-2-719. Contractual modification or limitation of remedy.

4-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.

4-2-721. Remedies for fraud.

4-2-722. Who can sue third parties for injury to goods.

4-2-723. Proof of market price - time and place.

4-2-724. Admissibility of market quotations.

4-2-725. Statute of limitations in contracts for sale.

PART 1

SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER