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10A-5-5.02
Section 10A-5-5.02 Liability for contributions. REPEALED IN THE 2014 REGULAR SESSION BY ACT
2014-144 EFFECTIVE JANUARY 1, 2017. (a) Except as provided in the certificate of formation,
a member is obligated to the limited liability company to perform any promise to pay cash
or convey property or to render services, even if the member is unable to perform because
of death, disability, or any other reason. A member who does not perform such a promise is
obligated at the option of the limited liability company to pay cash equal to the amount or
value of the portion of the contribution that has not been paid, conveyed, or rendered. (b)
The operating agreement may provide that the interest of any member who fails to make any
contribution that the member is obligated to make, or who fails to pay any agreed assessment
that the member is obligated to make, shall be subject to a reasonable penalty for such failure.
The penalty may take the form of reducing the defaulting member's proportionate...
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10A-8A-3.07
Section 10A-8A-3.07 Actions by and against partnership and partners. (a) A partnership may
sue and be sued in the name of the partnership. (b) An action may be brought against the partnership
and, except as provided in Section 10A-8A-3.06, against any or all of the partners in the
same action or in separate actions. (c) A judgment against a partnership is not by itself
a judgment against a partner. A judgment against a partnership may not be satisfied from a
partner's assets unless there is also a judgment against the partner. (d) A judgment creditor
of a partner may not levy execution against the assets of the partner to satisfy a judgment
based on a claim against the partnership unless the claim is for a debt, obligation, or liability
for which the partner is personally liable as provided in Section 10A-8A-3.06 and either:
(1) a judgment based on the same claim has been obtained against the partnership and a writ
of execution on the judgment has been returned unsatisfied in whole or...
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10A-9A-4.05
Section 10A-9A-4.05 Actions by and against partnership and partners. (a) To the extent not
inconsistent with Section 10A-9A-4.04, a general partner may be joined in an action against
the limited partnership or named in a separate action. (b) A judgment against a limited partnership
is not by itself a judgment against a general partner. A judgment against a limited partnership
may not be satisfied from a general partner's assets unless there is also a judgment against
the general partner. (c) A judgment creditor of a general partner may not levy execution against
the assets of the general partner to satisfy a judgment based on a claim against the limited
partnership, unless the partner is personally liable for the claim under Section 10A-9A-4.04
and either: (1) a judgment based on the same claim has been obtained against the limited partnership
and a writ of execution on the judgment has been returned unsatisfied in whole or in part;
(2) the limited partnership is a debtor in...
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11-81-171
Section 11-81-171 Revenue bonds - Redemption. The governing body of the borrower authorizing
bonds under the provisions of this article may make provision for any of such bonds to be
called for payment on any interest payment date before maturity, with or without a premium,
upon such terms and conditions as the governing body may prescribe; provided, however, that
the amount of premium on any bonds shall not cause the yield to be more than six percent per
annum from the date of the sale of such bonds to the date of their redemption. (Acts 1933,
Ex. Sess., No. 102, p. 88; Acts 1936, Ex. Sess., No. 118, p. 78; Code 1940, T. 37, §336.)...
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11-88-90
Section 11-88-90 Redemption of property after sale - Redemption during extended redemption
period. Redemption may be effected after expiration of the fixed two-year period of redemption
allowed or provided by Section 11-88-85 and before the extended period of redemption has expired
in the same manner and at the same redemption price as is provided in the said Section 11-88-85;
provided, that if the probate judge has made the certificate of warning to redeem as provided
in Section 11-88-88, the said redemption price shall be increased by $1.00; provided further,
that if the grantee in the aforesaid deed or any person deriving any title or right under
him shall have placed any improvements upon the said property after expiration of the fixed
two-year period of redemption allowed or provided by the said Section 11-88-85, then redemption
must be effected by civil action and the redemption price shall be increased by the value
of such improvements, to be ascertained by the court in such...
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43-8-172
Section 43-8-172 Protection of bona fide purchasers, etc. Any will which is not propounded
for probate in this state within 12 months from the date of the death of the testator shall
be inoperative and void as to bona fide purchasers, mortgagees or pledgees (and those claiming
under them) of property or any interest therein from the executors, administrators, heirs
at law, devisees, distributees of the estate of such deceased or anyone claiming under them,
provided such purchasers acquire their interest in such property prior to the time such will
is propounded for probate in this state and without actual notice of such will. The provisions
of this section shall not affect the right of any beneficiary entitled thereto under any such
will to follow the proceeds from the sale of any such property in lieu of such property in
the hands of the executors, administrators, heirs at law or distributees of such estate. (Acts
1939, No. 42, p. 45; Code 1940, T. 61, §51; Code 1975, §43-1-49.)...
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6-5-250
Section 6-5-250 Characterization of rights of redemption under this article. The statutory
rights of redemption given or conferred by this article are mere personal privileges and not
property or property rights. The privileges must be exercised in the mode and manner prescribed
by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement
before foreclosure or execution sale. The right of privilege conferred under this article
is not subject to levy and sale under execution or attachment nor is it subject to alienation
except in the cases provided for in this article; but if the right or privilege is perfected
by redemption as provided in this article, then, and not until then, it becomes property or
rights of property subject to levy, sale, alienation, or other disposition, except as is expressly
authorized by statute. (Acts 1988, No. 88-441, p. 647, §4.)...
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7-9A-307
Section 7-9A-307 Location of debtor. (a) "Place of business." In this section, "place
of business" means a place where a debtor conducts its affairs. (b) Debtor's location:
General rules. Except as otherwise provided in this section, the following rules determine
a debtor's location: (1) A debtor who is an individual is located at the individual's principal
residence. (2) A debtor that is an organization and has only one place of business is located
at its place of business. (3) A debtor that is an organization and has more than one place
of business is located at its chief executive office. (c) Limitation of applicability of subsection
(b). Subsection (b) applies only if a debtor's residence, place of business, or chief executive
office, as applicable, is located in a jurisdiction whose law generally requires information
concerning the existence of a nonpossessory security interest to be made generally available
in a filing, recording, or registration system as a condition or result...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.08.htm - 5K - Match Info - Similar pages
11-48-58
Section 11-48-58 Redemption of property during extended redemption period. Redemption may be
effected after expiration of the fixed two-year period of redemption allowed or provided by
Section 11-48-54 and before the extended period of redemption has expired in the same manner
and at the same redemption price as is provided in Section 11-48-54; provided, that if the
probate judge has made the certificate of warning to redeem as provided in Section 11-48-57,
said redemption price shall be increased by $1.00; provided further, that if the grantee in
the aforesaid public improvement assessment sale deed or any person deraigning any title or
right under him shall have placed any improvements upon said property after expiration of
the fixed two-year period of redemption allowed or provided by Section 11-48-54, then redemption
must be effected by a civil action, and the redemption price shall be increased by the value
of such improvements, to be ascertained in such civil action by the court....
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