ContractsIntermediateDelaware Exam

What is 'subordination' in a Delaware commercial lease or mortgage context?

AOne party agreeing to be subordinate (lower priority) to another's interestCorrect
BThe landlord being subordinate to the tenant's right of possession
CThe broker's subordinate role to the principal
DThe junior lien automatically becoming senior upon the senior's payoff

Why One party agreeing to be subordinate (lower priority) to another's interest Is Correct

Answer A: One party agreeing to be subordinate (lower priority) to another's interest

Subordination is the agreement of one party to make their interest (lien, lease) subordinate (lower priority) to another's interest. In a SNDA, a tenant agrees their lease is subordinate to the lender's mortgage, while the lender agrees not to disturb the tenancy.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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