Legislation
SECTION 2-A-109
Option to Accelerate at Will
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 1
Section 2-A-109. Option to Accelerate at Will.
(1) A term providing that one party or his or her successor in
interest may accelerate payment or performance or require collateral or
additional collateral "at will" or "when he or she deems himself or
herself insecure" or in words of similar import must be construed to
mean that he or she has power to do so only if he or she in good faith
believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good
faith under subsection (1) is on the party who exercised the power;
otherwise the burden of establishing lack of good faith is on the party
against whom the power has been exercised.
(1) A term providing that one party or his or her successor in
interest may accelerate payment or performance or require collateral or
additional collateral "at will" or "when he or she deems himself or
herself insecure" or in words of similar import must be construed to
mean that he or she has power to do so only if he or she in good faith
believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good
faith under subsection (1) is on the party who exercised the power;
otherwise the burden of establishing lack of good faith is on the party
against whom the power has been exercised.