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45-49-23.01
ownership interest in the wholesaler under the terms of the deceased individual's will, or
under the laws of intestate succession of this state; or any person who or entity which has
otherwise by designation in writing by the deceased individual, succeeded the deceased individual
in the wholesaler's business, or has succeeded to the deceased individual's ownership interest
in the wholesaler pursuant to a written contract or instrument; and also includes the appointed
and qualified personal representative and the testamentary trustee of a deceased individual
owning an ownership interest in a wholesaler. Designated member also includes a person appointed
by the court as the guardian or conservator of the property of an incapacitated individual
owning an ownership interest in a wholesaler. (4) GOOD FAITH. Honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted
under the Uniform Commercial Code, Section...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-23.01.htm - 4K - Match Info - Similar pages
45-37-21.03
individual in the wholesaler under the terms of the will of the deceased individual, or under
the laws of intestate succession of this state; or any person who or entity which has otherwise
by designation in writing by the deceased individual, succeeded the deceased individual in
the business of the wholesaler, or has succeeded to the ownership interest of the deceased
individual in the wholesaler pursuant to a written contract or instrument; and also includes
the appointed and qualified personal representative and the testamentary trustee of
a deceased individual owning an ownership interest in a wholesaler. Designated member also
includes a person appointed by the court as the guardian or conservator of the property of
an incapacitated individual owning an ownership interest in a wholesaler. (4) GOOD FAITH.
Honesty in fact and the observance of reasonable commercial standards of fair dealing in the
trade, as defined in and interpreted under the Uniform Commercial Code, Section...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.03.htm - 4K - Match Info - Similar pages
45-37-21.07
Section 45-37-21.07 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, in any of the foregoing cases,
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-21.07.htm - 8K - Match Info - Similar pages
28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
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) of this section. (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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-9-6.htm - 8K - Match Info - Similar pages
8-21B-5
Section 8-21B-5 Amendment, termination, etc., of dealer agreement - Notice. (a) Except as provided
in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice
of any intention to amend, terminate, or decline to renew any dealer agreement. The notice
shall state all of the reasons for the intended amendment, termination, or nonrenewal. (b)
Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition
or conditions which may be rectified by action of the dealer, the dealer shall have 90 days
from the date of notice from the supplier in which to take such action and, within such 90-day
period, shall give written notice to the supplier if and when such action is taken. If the
condition or conditions have been rectified by the dealer, then the proposed amendment, termination,
or nonrenewal shall be void and without legal effect. However, where the supplier contends
that action on the part of the dealer has not rectified one or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-5.htm - 2K - Match Info - Similar pages
8-21B-8
Section 8-21B-8 Change in management personnel; damaging actions; additional dealership agreements;
recovery of damages. (a) No supplier shall require or prohibit any change in management personnel
of any dealer unless the current or proposed management or personnel fails to meet reasonable
qualifications and standards required by the supplier for its dealers. (b) No supplier shall
engage in any action with respect to a dealer which is arbitrary, in bad faith, or unconscionable
and which causes damage to the dealer. (c) No supplier, without notice to existing dealers,
shall enter into a dealer agreement with another dealer who intends to conduct its dealership
operations from a place of business within the relevant market area of an existing dealer
or dealers representing the same line of heavy equipment. The appointment of a successor dealer
at the same location as its predecessor or within a two-mile radius therefrom within two years
from the date on which its predecessor ceased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21B-8.htm - 4K - Match Info - Similar pages
8-21A-3
Section 8-21A-3 Violations by suppliers generally. It shall be a violation of this chapter
for a supplier to do any of the following: (1) To coerce, compel, or require any dealer to
order or accept delivery of any equipment or parts with special features or accessories not
included in the base list price of such equipment as publicly advertised by the supplier which
the dealer has not voluntarily ordered. (2) To coerce, compel, or require any dealer to enter
into any agreement, whether written or oral, as a supplement to an existing dealer agreement
with such supplier unless such supplemental agreement is imposed on all other dealers in the
state doing business with that same supplier. (3) To discriminate in the delivery of equipment
to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment
dealer's order, if the equipment covered by the dealer agreement was specifically represented
by the supplier to be available for immediate delivery....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-21A-3.htm - 6K - Match Info - Similar pages
28-7-14
Section 28-7-14 Regulation of grant of licenses; display thereof; separate retail licenses
for each place of sale; restrictions on wholesaler's operations; transfer of licenses; filing
fee for transfer; effect of insolvency of licensee. (a) No license prescribed in this chapter
shall be issued or renewed until the provisions of this chapter have been complied with and
the filing and license fees other than those levied by a municipality are paid to the board.
(b) Every license issued under this chapter shall be constantly and conspicuously displayed
on the licensed premises. (c) Any wine retailer may be granted licenses to maintain, operate
or conduct any number of places for the sale of table wine, but a separate license must be
secured for each place where table wine is sold. Provided there shall be no licenses issued
by the board for the sale of wine by rolling stores. (d) A malt or brewed beverage wholesale
licensee may also be granted a wine wholesaler's license. No wine...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-7-14.htm - 3K - Match Info - Similar pages
12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
10A-1-8.01
in accordance with the procedures and by the stockholder vote required by Article 9 of Chapter
2A. If the governing documents provide for approval of a conversion by less than all of a
corporation's stockholders, approval of the conversion shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A. No conversion of a corporation to
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the converted entity, notwithstanding
any provision in the governing documents of the converting corporation providing for less
than unanimous stockholder approval for the conversion. b. The terms and conditions of a plan
of conversion of a nonprofit corporation must be approved by all the nonprofit corporation's
members entitled to vote thereon, if it is a nonprofit corporation with members with voting
rights, or as otherwise provided in the nonprofit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-1-8.01.htm - 18K - Match Info - Similar pages
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