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Del. Code tit. 6, § 2A-109

Option to accelerate at will

Known as the Uniform Commercial Code

The act spans §§ 6–6 (106 sections).

68 Del

(1) A term providing that 1 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.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.