WVC 46 - 2 A- 109
§46-2A-109. Option to accelerate at will.
(1) A term providing that one 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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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