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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-8A-1.08.htm - 5K - 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
7-4-207
Section 7-4-207 Transfer warranties. (a) A customer or collecting bank that transfers an item
and receives a settlement or other consideration warrants to the transferee and to any subsequent
collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All
signatures on the item are authentic and authorized; (3) The item has not been altered; (4)
The item is not subject to a defense or claim in recoupment (Section 7-3-305(a)) of any party
that can be asserted against the warrantor; and (5) The warrantor has no knowledge of any
insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer. (b) If an item is dishonored, a customer or collecting bank
transferring the item and receiving settlement or other consideration is obliged to pay the
amount due on the item (i) according to the terms of the item at the time it was transferred,
or (ii) if the transfer was of an incomplete item, according to its terms...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-207.htm - 2K - Match Info - Similar pages
8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-4.htm - 1K - Match Info - Similar pages
27-32-27.1
Section 27-32-27.1 Authority of receivers and federal home loan banks regarding collateral
pledged by insurer members in delinquency proceedings. (a) For purposes of this chapter, the
following terms shall have the following meanings: (1) FEDERAL HOME LOAN BANK or FHLB. A federal
home loan bank established pursuant to the Federal Home Loan Bank Act, 12 U.S.C. Section 1421,
et seq. (2) INSURER MEMBER. An insurer who is a member of a federal home loan bank. (b) Notwithstanding
any other provision of this chapter, the receiver for an insurer member may not void any transfer
of, or any obligation to transfer, money or any other property arising under or in connection
with any federal home loan bank security agreement, or any pledge, security, collateral, or
guarantee agreement, or any other similar arrangement or credit enhancement relating to a
federal home loan bank security agreement made in the ordinary course of business and in compliance
with the applicable federal home loan bank...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-27.1.htm - 4K - Match Info - Similar pages
8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9A-3.htm - 1K - Match Info - Similar pages
19-3C-3
Section 19-3C-3 Standard of conduct in managing and investing institutional funds. (a) Subject
to the intent of a donor expressed in a gift instrument, an institution, in managing and investing
an institutional fund, shall consider the charitable purposes of the institution and the purposes
of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by
law other than this chapter, each person responsible for managing and investing an institutional
fund shall manage and invest the fund in good faith and with the care an ordinarily prudent
person in a like position would exercise under similar circumstances. (c) In managing and
investing an institutional fund, an institution: (1) may incur costs that are appropriate
and reasonable in relation to the assets, the purposes of the institution, and the skills
available to the institution; and (2) shall make a reasonable effort to verify facts relevant
to the management and investment of the fund. (d) An...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3C-3.htm - 3K - Match Info - Similar pages
8-9B-5
Section 8-9B-5 Transfer voidable as to present or future creditor. (a) A transfer made by a
debtor is voidable as to a creditor, whether the creditor's claim arose before or after the
transfer was made, if the debtor made the transfer: (1) with actual intent to hinder, delay,
or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value
in exchange for the transfer, and the debtor: (i) was engaged or was about to engage in a
business or a transaction for which the remaining assets of the debtor were unreasonably small
in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably
should have believed that the debtor would incur, debts beyond the debtor's ability to pay
as they became due. (b) In determining actual intent under subsection (a)(1), consideration
may be given, among other factors, to whether: (1) the transfer was to an insider; (2) the
debtor retained possession or control of the property transferred after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-9B-5.htm - 2K - Match Info - Similar pages
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