A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure,” or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
Structure Delaware Code
Part 3. Territorial Applicability and General Rules
§ 1-301. Territorial applicability; parties' power to choose applicable law.
§ 1-302. Variation by agreement.
§ 1-303. Course of performance, course of dealing, and usage of trade.
§ 1-304. Obligation of good faith.
§ 1-305. Remedies to be liberally administered.
§ 1-306. Waiver or renunciation of claim or right after breach.
§ 1-307. Prima facie evidence by third-party documents.
§ 1-308. Performance or acceptance under reservation of rights.