Nevada § 104.5117 - Subrogation of issuer, applicant and nominated person

§ 104.5117. Subrogation of issuer, applicant and nominated person

1. 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. 2. 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 1. 3. 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: (a) 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; (b) The beneficiary to the same extent as if the nominated person were a secondary

obligor of the underlying obligation owed to the beneficiary; and (c) The applicant to same extent as if the nominated person were a secondary obligor

of the underlying obligation owed to the applicant. 4. Notwithstanding any agreement or term to the contrary, the rights of subrogation

stated in subsections 1 and 2 do not arise until the issuer honors the letter of credit

or otherwise pays and the rights stated in subsection 3 do not arise until the nominated

person pays or otherwise gives value. Until then, the issuer, nominated person and applicant do not derive under this section

present or prospective rights forming the basis of a claim, defense or excuse.