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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
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
7-2A-527
Section 7-2A-527 Lessor's rights to dispose of goods. (1) After a default by a lessee
under the lease contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a)
or after the lessor refuses to deliver or takes possession of goods (Section 7-2A-525
or 7-2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the
goods concerned or the undelivered balance thereof by lease, sale, or otherwise. (2) Except
as otherwise provided with respect to damages liquidated in the lease agreement (Section
7-2A-504) or otherwise determined pursuant to agreement of the parties (Sections 7-1-302 and
7-2A-503), if the disposition is by lease agreement substantially similar to the original
lease agreement and the new lease agreement is made in good faith and in a commercially reasonable
manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of
the date of the commencement of the term of the new lease agreement, (ii) the present value,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-527.htm - 2K - Match Info - Similar pages
7-5-114
Section 7-5-114 Assignment of proceeds. (a) In this section, "proceeds of
a letter of credit" means the cash, check, accepted draft, or other item of value paid
or delivered upon honor or giving of value by the issuer or any nominated person under the
letter of credit. The term does not include a beneficiary's drawing rights or documents presented
by the beneficiary. (b) A beneficiary may assign its right to part or all of the proceeds
of a letter of credit. The beneficiary may do so before presentation as a present assignment
of its right to receive proceeds contingent upon its compliance with the terms and conditions
of the letter of credit. (c) An issuer or nominated person need not recognize an assignment
of proceeds of a letter of credit until it consents to the assignment. (d) An issuer or nominated
person has no obligation to give or withhold its consent to an assignment of proceeds of a
letter of credit, but consent may not be unreasonably withheld if the assignee possesses and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-5-114.htm - 2K - Match Info - Similar pages
7-9A-403
Section 7-9A-403 Agreement not to assert defenses against assignee. (a) "Value."
In this section, "value" has the meaning provided in Section 7-3-303(a).
(b) Agreement not to assert claim or defense. Except as otherwise provided in this section,
an agreement between an account debtor and an assignor not to assert against an assignee any
claim or defense that the account debtor may have against the assignor is enforceable by an
assignee that takes an assignment: (1) for value; (2) in good faith; (3) without notice of
a claim of a property or possessory right to the property assigned; and (4) without notice
of a defense or claim in recoupment of the type that may be asserted against a person entitled
to enforce a negotiable instrument under Section 7-3-305(a). (c) When subsection (b)
not applicable. Subsection (b) does not apply to defenses of a type that may be asserted against
a holder in due course of a negotiable instrument under Section 7-3-305(b). (d) Omission
of required statement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-403.htm - 2K - Match Info - Similar pages
10A-8A-1.02
Section 10A-8A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used
in this chapter, unless the context otherwise requires, the following terms mean: (1) "Business"
includes every trade, occupation, and profession for profit. (2) "Disqualified person"
means any person who is not a qualified person. (3) "Distribution" except as otherwise
provided in Section 10A-8A-4.09(f), means a transfer of money or other property from
a partnership to another person on account of a transferable interest. (4) "Foreign limited
liability partnership" means a foreign partnership whose partners have limited liability
for the debts, obligations, or other liabilities of the foreign partnership under a provision
similar to Section 10A-8A-3.06(c). (5) "Foreign partnership" means a partnership
governed by the laws of a jurisdiction other than this state which would be a partnership
if governed by the laws of this state. The term includes a foreign limited liability partnership.
(6) "Limited liability...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.02.htm - 4K - Match Info - Similar pages
19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this
section: (1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation,
assignment at law or in equity, alienation, attachment, garnishment, levy, execution, or other
legal or equitable process. The term includes: (i) any arrangement providing for the payment
to the employer or other sponsor of such plan of benefits that otherwise would be due the
participant under the plan; (ii) any direct or indirect arrangement, whether revocable or
irrevocable, whereby any person acquires from a participant or beneficiary of such plan a
right or interest enforceable against the plan in, or to, all or any part of a plan benefit
which is, or may become, payable to the participant or beneficiary; (iii) any attachment,
execution, seizure, or the like, or under any form of legal process whatsoever; and (iv) the
operation of any bankruptcy or insolvency laws under 11 U.S.C. ยง 522(b) as from...
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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means
a claim that a claimant has a property interest in a financial asset and that it is a violation
of the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-8-102.htm - 6K - Match Info - Similar pages
9-16-83
Section 9-16-83 Permits - Contents of application; reclamation plan; copy of application
filed for public inspection; insurance; blasting plan. (a) Each application for a surface
coal mining reclamation permit under this article shall be accompanied by a fee as determined
by the regulatory authority, but not to exceed the anticipated cost of reviewing, administering,
and enforcing the permit. In no event shall the permit fee be less than one thousand dollars
($1,000). The regulatory authority shall develop procedures to enable the cost of the fee
to be paid over the life of the mine. The life of the mine means the term of the permit and
the time required to successfully complete all surface coal mining and reclamation activities
and obtain a full release of the performance bond for each bonded area. (b) The permit application
shall be submitted in a format prescribed by and satisfactory to the regulatory authority
and shall contain, among other things, all of the following: (1) The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-83.htm - 13K - Match Info - Similar pages
10A-9A-1.02
Section 10A-9A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used
in this chapter, unless the context otherwise requires, the following terms mean: (1) "CERTIFICATE
OF FORMATION" with respect to a limited partnership means the certificate of formation
required by Section 10A-9A-2.01, and the certificate of formation as amended or restated.
(2) "DISTRIBUTION" except as otherwise provided in Section 10A-9A-5.08(f),
means a transfer of money or other property from a limited partnership to another person on
account of a transferable interest. (3) "FOREIGN LIMITED LIABILITY LIMITED PARTNERSHIP"
means a foreign limited partnership whose general partners have limited liability for the
obligations of the foreign limited partnership under a provision similar to Section
10A-9A-4.04(c). (4) "FOREIGN LIMITED PARTNERSHIP" means a partnership formed under
the laws of a jurisdiction other than this state and required by those laws to have one or
more general partners and one or more...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-9A-1.02.htm - 4K - Match Info - Similar pages
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