30-1-208. Option to accelerate at will. 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 in 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.
History: En. Sec. 1-208, Ch. 264, L. 1963; R.C.M. 1947, 87A-1-208; amd. Sec. 7, Ch. 575, L. 2005.
Structure Montana Code Annotated
Chapter 1. Uniform Commercial Code General Provisions
Part 2. General Definitions and Principles of Interpretation
30-1-202. Prima facie evidence by third-party documents
30-1-203. Obligation of good faith
30-1-204. Reasonable time -- seasonableness
30-1-205. Course of performance, course of dealing, and usage of trade
30-1-207. Performance or acceptance under reservation of rights
30-1-208. Option to accelerate at will
30-1-209. Subordinated obligations