8-3-40
Section 8-3-40 Transfer of judgment to surety upon payment of same by surety. (a) Whenever
a judgment is obtained by a creditor on a demand to which there are one or more sureties,
the sureties may pay such demand, and the same shall be transferred by operation of law to
the surety or sureties paying or satisfying such demand, who shall have all the liens or equities
of such judgment and of the debt or claim on which the same is founded. (b) The plaintiff
in the judgment, his agent or attorney of record, when the payment is made, must assign such
judgment to the surety or sureties paying the money, who may collect the same, with interest
and costs, in the name of the plaintiff for their use, and may assert any lien or right against
the principal debtor which the plaintiff could have asserted if the debt had not been paid.
(Code 1852, §2651; Code 1867, §3078; Code 1876, §3418; Code 1886, §3157; Code 1896, §3888;
Code 1907, §5408; Code 1923, §9567; Code 1940, T. 9, §101.)...
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8-6-71
Section 8-6-71 (Repealed effective January 1, 1997) Definitions. For the purposes of this article,
unless the context otherwise requires, the following terms shall have the meanings respectively
ascribed to them by this section: Assignment. Such term includes any written stock power,
bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. Claim
of beneficial interest. Such term includes a claim of any interest by a decedent's legatee,
distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of
a security registered in the name of a nominee or a minor owner of a security registered in
the name of a custodian, or a claim of any similar interest whether the claim is asserted
by the claimant, a fiduciary, or by any other authorized person on his behalf and includes
a claim that the transfer would be in breach of fiduciary duties. Corporation. A private or
public corporation, association, or trust issuing a security. Fiduciary. An...
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10A-5A-1.08
Section 10A-5A-1.08 Limited liability company agreement - Scope; function; and limitations.
(a) Except as otherwise provided in subsections (b) and (c): (1) the limited liability company
agreement governs relations among the members as members and between the members and the limited
liability company; and (2) to the extent the limited liability company 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 member or other person has duties, including
fiduciary duties, to the limited liability company, or to another member or to another person
that is a party to or is otherwise bound by a limited liability company agreement, the member's
or other person's duties may be expanded or restricted or eliminated by a written limited
liability company agreement, but the implied contractual covenant of good faith and fair dealing
may not be eliminated. (2) A written limited liability...
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10A-8A-1.08
Section 10A-8A-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 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 for...
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11-58-10
Section 11-58-10 Refunding bonds. Any bonds issued by a corporation organized under this chapter
and at any time outstanding may at any time and from time to time be refunded by the corporation
by the issuance of its refunding bonds in such amount as the board of directors may deem necessary
but not exceeding the principal amount of the bonds to be refunded, any expenses estimated
to be incurred in connection with such refunding and interest (accrued or to accrue) to the
respective maturities of the bonds to be refunded or, if the bonds to be refunded are to be
called for redemption, either on the earliest date on which under their terms they may be
redeemed or some other date or dates, the interest (accrued or to accrue) on the bonds to
be refunded to the date or dates on which they are to be called for redemption plus the amount
of any redemption premium required by their terms to be paid as a condition to their redemption
prior to their respective maturities. Any such refunding may...
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33-2-182
Section 33-2-182 Authorization to issue refunding bonds. Subject to the provisions contained
in this article, the department may from time to time sell and issue its refunding bonds for
the purpose of refunding any or all of the outstanding bonds then outstanding, together with
any interest thereon whether due and unpaid at the time of issuance of such refunding bonds
or not, and with any premium that may be necessary to be paid in order to redeem or retire
those outstanding bonds proposed to be refunded. In the discretion of the department, with
the approval of the Governor, refunding bonds may be issued in exchange for outstanding bonds
or they may be sold and the proceeds thereof applied to the purchase, redemption or payment
of outstanding bonds. Refunding bonds to be issued in exchange for outstanding bonds may be
issued in such principal amount as the department shall determine. Refunding bonds to be sold
may be issued in such principal amount as shall be determined by the...
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35-8A-304
Section 35-8A-304 Transfer of special declarant rights. (a) No special declarant right specified
in Section 35-8A-103(24) created or reserved under this chapter may be transferred except
by an instrument evidencing the transfer recorded in every county in which any portion of
the condominium is located. The instrument is not effective unless executed by the transferor
and the transferee in the same formality as a conveyance of real property. (b) Upon transfer
of any special declarant right, the liability of a transferor declarant is as follows: (1)
A transferor is not relieved of any obligation or liability arising before the transfer and
remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity
does not deprive any unit owner of standing to maintain an action to enforce any obligation
of the transferor. (2) If a successor to any special declarant right is an affiliate of a
declarant specified in Section 35-8A-103(1), the transferor is jointly and...
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41-10-358
Section 41-10-358 Form, terms, denominations, etc., of bonds; limitation on maturity date,
redemption. The bonds, which may be issued in one or more series, shall be in such forms and
denominations and of such tenor and maturities, shall, if issued as interest-bearing bonds,
bear such rate or rates of interest payable and evidenced in such manner, shall be payable
in such installments, at such time or times and at such place or places, and may contain other
provisions not inconsistent with this article, all as may be provided in the resolution or
resolutions of the directors wherein the bonds are authorized to be issued; provided, that
none of the bonds shall have a specified maturity date later than 30 years after its date.
The authority may at its election retain in the resolution or resolutions under which any
of the bonds are issued an option to redeem all or any thereof and at such redemption price
or prices and after such notice or notices and on such dates and on such terms and...
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41-10-502
Section 41-10-502 Specifications and priority of bonds. Any bonds of the authority may be executed
and delivered by it at any time and from time to time, shall be in such form and denominations
and of such tenor and maturities, shall bear such rate or rates of interest, fixed or floating,
payable and evidenced in such manner, may contain provisions for redemption prior to maturity
and may contain other provisions not inconsistent with this section, all as may be provided
by the resolution of the board of directors whereunder such bonds are authorized to be issued;
provided that no bond of the authority shall have a specified maturity date later than 20
years after its date. At its election, the authority may retain in the resolution(s) under
which any of the bonds are issued an option to redeem all or any thereof and at such redemption
price(s) and after such notice(s) and on such dates and on such terms and conditions as may
be set forth in said resolution(s) and as may be briefly...
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41-29-504
Section 41-29-504 Details respecting the bonds. The bonds of the authority shall be signed
by its president and attested by its secretary, and the seal of the authority shall be affixed
thereto or a facsimile of such seal shall be printed or otherwise reproduced thereon; provided,
that: (a) a facsimile of the signature of one, but not both, of the officers may be printed
or otherwise reproduced on any such bonds in lieu of being manually subscribed thereon, and
(b) a facsimile of the signatures of both of the officers may be printed or otherwise reproduced
on such bonds in lieu of being manually affixed thereof if the authority, in its proceedings
with respect to issuance of the bonds, provides for manual authentication of such bonds and
the secretary designates a trustee or paying agent or named individuals who are employees
of the state and who are assigned to the finance department or the state treasurer's office
of the state to authenticate the bonds. Any bonds of the authority may...
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