Title 11, Chapter 2A, Section 109
( 11-2A-109)
Option to accelerate at will. (1) A term providing that one party or his successor in interest may
accelerate payment or performance or require collateral or
additional collateral "at will" or "when he deems himself insecure"
or in words of similar import must be construed to mean that he has
power to do so only if he 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. |