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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
11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
11-54-144
Section 11-54-144 Security for bonds. The principal of and interest on any bonds issued under
the authority of this article shall be secured by a pledge of the revenues out of which such
bonds shall be made payable, may be secured by a mortgage covering all or any part of the
project from which the revenues so pledged may be derived, and may be secured by a pledge
of the lease of such project. The proceedings under which such bonds are authorized to be
issued or any such mortgage may contain any agreements and provisions customarily contained
in instruments securing bonds, including, without limiting the generality of the foregoing,
provisions respecting the fixing and collection of rents for any project covered by such proceedings
or mortgage, the terms to be incorporated in the lease of such project, the maintenance and
insurance of such project, the creation and maintenance of special funds from the revenues
from such project, and the rights and remedies available in event of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-54-144.htm - 2K - Match Info - Similar pages
11-54-25
Section 11-54-25 Bonds - Security for payment of principal and interest; remedies upon default.
The principal of and interest on any bonds issued under the authority of this article shall
be secured by a pledge of the revenues out of which such bonds shall be made payable, may
be secured by a mortgage covering all or any part of the project from which the revenues so
pledged may be derived and may be secured by a pledge of the lease of such project. The proceedings
under which such bonds are authorized to be issued or any such mortgage may contain any agreements
and provisions customarily contained in instruments securing bonds, including, without limiting
the generality of the foregoing, provisions respecting the fixing and collection of rents
for any project covered by such proceedings or mortgage, the terms to be incorporated in the
lease of such project, the maintenance and insurance of such project, the creation and maintenance
of special funds from the revenues from such project...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-54-25.htm - 2K - Match Info - Similar pages
11-54-55
Section 11-54-55 Bonds - Security for payment of principal and interest. The principal of and
interest on any bonds issued under the authority of this article shall be secured by a pledge
of the revenues out of which such bonds shall be made payable, may be secured by a mortgage
covering all or any part of the project from which the revenues so pledged may be derived
and may be secured by a pledge of the lease of such project. The proceedings under which such
bonds are authorized to be issued or any such mortgage may contain any agreements and provisions
customarily contained in instruments securing bonds, including, without limiting the generality
of the foregoing, provisions respecting the fixing and collection of rents for any project
covered by such proceedings or mortgage, the terms to be incorporated in the lease of such
project, the maintenance and insurance of such project, the creation and maintenance of special
funds from the revenues from such project and the rights and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-54-55.htm - 2K - Match Info - Similar pages
34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-62.htm - 2K - Match Info - Similar pages
40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) BUSINESS. All activities relating
to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons for use or
consumption in industrial processes and not primarily for human consumption. (4) GROSS RECEIPTS.
The value proceeding or accruing from the furnishing of utility services, all receipts actual
and accrued, without any deduction on account of the cost of the utility services sold, the
cost of the materials used, labor or service cost, interest paid, or any other expense whatever,
and without any deductions on account of losses. (5) GROSS SALES. The value proceeding or
accruing from the furnishing of utility services, and including the proceeds from the sale
of any utility services handled on consignment by the taxpayer,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-21-100.htm - 12K - Match Info - Similar pages
7-2-505
Section 7-2-505 Seller's shipment under reservation. (1) Where the seller has identified goods
to the contract by or before shipment: (a) His procurement of a negotiable bill of lading
to his own order or otherwise reserves in him a security interest in the goods. His procurement
of the bill to the order of a financing agency or of the buyer indicates in addition only
the seller's expectation of transferring that interest to the person named. (b) A nonnegotiable
bill of lading to himself or his nominee reserves possession of the goods as security but
except in a case of conditional delivery (subsection (2) of Section 7-2-507) a nonnegotiable
bill of lading naming the buyer as consignee reserves no security interest even though the
seller retains possession or control of the bill of lading. (2) When shipment by the seller
with reservation of a security interest is in violation of the contract for sale, it constitutes
an improper contract for transportation within Section 7-2-504, but...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-505.htm - 1K - Match Info - Similar pages
7-3-305
Section 7-3-305 Defenses and claims in recoupment. (a) Except as stated in subsection (b),
the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) A defense of the obligor based on (i) infancy of the obligor to the extent it is a defense
to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction
which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced
the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;
(2) A defense of the obligor stated in another section of this article or a defense of the
obligor that would be available if the person entitled to enforce the instrument were enforcing
a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against
the original payee of the instrument if the claim arose...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-305.htm - 3K - Match Info - Similar pages
7-9A-324
Section 7-9A-324 Priority of purchase-money security interests. (a) General rule: Purchase-money
priority. Except as otherwise provided in subsection (g), a perfected purchase-money security
interest in goods other than inventory or livestock has priority over a conflicting security
interest in the same goods, and, except as otherwise provided in Section 7-9A-327, a perfected
security interest in its identifiable proceeds also has priority, if the purchase-money security
interest is perfected when the debtor receives possession of the collateral or within 20 days
thereafter. (b) Inventory purchase-money priority. Subject to subsection (c) and except as
otherwise provided in subsection (g), a perfected purchase-money security interest in inventory
has priority over a conflicting security interest in the same inventory, has priority over
a conflicting security interest in chattel paper or an instrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-324.htm - 5K - Match Info - Similar pages
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