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acceleration clause |
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Acceleration clause A contract stating that the unpaid balance becomes due and payable if specific actions transpire, such as failure to make interests payments on time.
acceleration clause The clause in a promissory note or lease that allows immediate demand,upon default,for all sums due over the entire term. Acceleration Clause A contractual provision that gives the lender the right to demand repayment of the entire loan balance in the event that the borrower violates one or more clauses in the note. Such clauses may include sale of the property, failure to make timely payments, or provision of false information. I have never seen a note that did not have such a clause. Borrowers need not concern themselves with it except where the lender has discretion to exercise it without conditions. This would be referred to as a “demand feature,” and it would be flagged on the Truth in Lending Disclosure Statement. If that statement shows “This loan has a Demand Feature…,” the note should be read with care. See Demand Clause. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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First, when selling an apartment, try to build in an extended close
date--maybe even try to ask the purchaser of the apartment if there can
be an acceleration clause for the close date if the sponsor is ready to
close sooner rather than later. 79-3 says if a long-term debt agreement does contain a
subjective acceleration clause and acceleration of the due date is
remote, neither reclassification to current liabilities nor disclosure
of the acceleration clause is required. Cases suggest, however, that an acceleration clause would be enforced
if it provided for an offset for the reasonably anticipated revenues
from re-letting. |
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