45-49-23.05
Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.05.htm - 8K - Match Info - Similar pages

45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.11.htm - 3K - Match Info - Similar pages

45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.12.htm - 3K - Match Info - Similar pages

45-49-23.10
Section 45-49-23.10 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that
violation. A wholesaler that violates this part shall be liable for all actual damages and
all court costs and, in the court's discretion, reasonable attorney fees incurred by the supplier
as a result of that violation. (c) This part imposes upon a supplier...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.10.htm - 3K - Match Info - Similar pages

28-9-7
Section 28-9-7 Transfer of wholesaler's business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or to any other
person who meets the nondiscriminatory, material and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-7.htm - 3K - Match Info - Similar pages

45-2-22.07
Section 45-2-22.07 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.07.htm - 3K - Match Info - Similar pages

45-49-23.06
Section 45-49-23.06 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.06.htm - 3K - Match Info - Similar pages

45-37-21.08
Section 45-37-21.08 Transfer of business of wholesaler. (a) Upon written notice of intent to
transfer the business of the wholesaler, any individual owning or deceased individual who
owned an interest in a wholesaler may transfer the business of the wholesaler to a designated
member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications
and standards required by the supplier for Alabama wholesalers. The consent or approval of
the supplier shall not be required of any transfer of the business of the wholesaler, including
the assignment of the rights of the wholesaler under the agreement, to a designated member
or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated
member, who meets such nondiscriminatory, material, and reasonable qualifications and standards.
Provided, however, the supplier shall have the burden of proving that the proposed transferee
fails to meet such qualifications and standards which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.08.htm - 3K - Match Info - Similar pages

45-2-22.10
Section 45-2-22.10 Agreements governed by this part; transferees; successors. (a) This part
shall apply to agreements in existence on April 19, 2004, as well as agreements entered into
or renewed after May 6, 2004. (b) A transferee of a wholesaler that continues in business
as a wholesaler shall have the benefit of and be bound by all terms and conditions of the
agreement with the supplier in effect on the date of the transfer; provided, however, a transfer
of a wholesaler's business which requires supplier's consent or approval but is disapproved
by the supplier shall be null and void. (c) A successor to a supplier that continues in business
as a supplier shall be bound by all terms and conditions of each agreement of the supplier
in effect on the date of succession. (Act 2004-420, p. 708, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-22.10.htm - 1K - Match Info - Similar pages

45-49-23.09
Section 45-49-23.09 Agreements governed by this part; transferees; successors. (a) This part
shall apply to agreements in existence on May 13, 1993, as well as agreements entered into
or renewed after May 13, 1993. (b) A transferee of a wholesaler that continues in business
as a wholesaler shall have the benefit of and be bound by all terms and conditions of the
agreement with the supplier in effect on the date of the transfer; provided, however, a transfer
of a wholesaler's business which requires supplier's consent or approval but is disapproved
by the supplier shall be null and void. (c) A successor to a supplier that continues in business
as a supplier shall be bound by all terms and conditions of each agreement of the supplier
in effect on the date of succession. (Act 93-483, p. 764, § 11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.09.htm - 1K - Match Info - Similar pages