How Subordination Agreements Affect Article 9 Priorities

(January 30, 2023, 2:53 PM EST) -- Any of the priority rules under Article 9 of the UCC can be modified or reversed by a subordination agreement. UCC 9-339 states the rule this way: “This Article does not preclude subordination by agreement by a person entitled to priority.” Given the important role subordination agreements play in reordering Article 9 priorities, how to recognize the key elements of an effective subordination agreement is good to know....