South Carolina Clauses Relating to Defaults, Default Remedies

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South Carolina Clauses Relating to Defaults, Default Remedies In South Carolina, there are several clauses relating to defaults and default remedies that are important to understand when entering into contracts or agreements. These clauses help protect the rights and interests of parties involved in a transaction and provide remedies in case of default. Below, we will discuss some key South Carolina clauses relating to defaults and default remedies, along with their relevant keywords: 1. Default Clause: A default clause is a provision that outlines the actions or events that would constitute a default under the agreement. It specifies the conditions under which a party may be considered in breach of the contract. Relevant keywords: default event, breach of contract, contractual violations, failure to perform contractual obligations. 2. Remedies for Default: This clause outlines the remedies available to parties in case of a default. It defines the actions that the non-defaulting party can take to enforce the contract and seek compensation for damages. Relevant keywords: default remedies, enforcement measures, legal remedies, damages, compensation. 3. Cure Period: A cure period clause provides a specific period within which a defaulting party can rectify or "cure" the default before any further actions or remedies are exercised by the non-defaulting party. This clause allows for a chance to resolve the default before severe consequences are imposed. Relevant keywords: grace period, time to cure, rectify default. 4. Notice of Default: This clause requires the non-defaulting party to notify the defaulting party of their breach of contract. It specifies the manner and timeframe in which such notification must be provided. Relevant keywords: breach notification, formal notice, written communication, notification requirements. 5. Liquidated Damages: The liquidated damages' clause stipulates the predetermined amount of damages that the defaulting party must pay to the non-defaulting party in case of a breach. It sets a fixed compensation amount to avoid the need for litigation over actual damages caused by the breach. Relevant keywords: pre-determined damages, compensation amount, fixed damages, liquidation clause, monetary compensation. 6. Default Interest: This clause addresses the interest rate that will apply to any outstanding payments after a default occurs. It allows the non-defaulting party to charge an additional interest rate to compensate for the delay in payment caused by the default. Relevant keywords: interest rate, delayed payment, default interest. 7. Acceleration Clause: An acceleration clause allows the non-defaulting party, upon default, to demand immediate payment of the entire outstanding balance or a specified portion of the contractual obligation. This clause expedites the payment schedule in case of default. Relevant keywords: demand for payment, immediate payment, expedited payment schedule. It's important to note that the specific wording and provisions of South Carolina clauses relating to defaults and default remedies may vary depending on the nature of the contract and the preferences of the parties involved. Consulting with a legal professional for guidance on drafting and understanding these clauses is always recommended ensuring compliance with South Carolina laws and to protect your rights in the event of default.

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Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued. (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.

South Carolina Code of Laws Sections 33-44-108 through 33-44-111 contain the state law governing registered agents for limited liability companies. This includes the need to have an agent and office for service of process, the procedures for changing the agent or office, and what an agent must do to resign.

Title 33 - Corporations, Partnerships and Associations. Chapter 44 - UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996. Section 33-44-1002 - Application for certificate of authority. (8) whether the members of the company are to be liable for its debts and obligations under a provision similar to Section 33-44-303(c).

S.C. Code Ann. § 33-44-504(e) provides that Section is the exclusive remedy by which a judgment creditor may satisfy a judgment out of the distributional interests in an LLC.

SECTION 37-3-104. "Consumer loan" defined. (d) either the principal does not exceed twenty-five thousand dollars or the debt is secured by an interest in land. HISTORY: 1962 Code Section 8-800.234; 1974 (58) 2879; 1976 Act No.

SECTION 29-3-330. Methods of satisfaction or release of security interest; affidavit. (A) In this section these words shall have the following meaning: (1) "Mortgage" means a lien against real property that is granted to secure the payment of money; a deed of trust must be given the same meaning as a "mortgage".

SECTION 33-44-202. Organization. (a) One or more persons may organize a limited liability company, consisting of one or more members, by delivering articles of organization to the office of the Secretary of State for filing.

Code § 56-5-4110. Current through 2023 Act No. 102. No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

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(2) With respect to defaults on the same obligation and subject to subsection (1), after a creditor has once given notice of consumer's right to cure (Section ... Cure restores the consumer to his rights under the agreement as though the defaults had not occurred. (2) With respect to defaults on the same obligation ...Provisions concerning notice of the consumer's right to cure and cure of default apply to secured single payment loans. 5.110-7711 (PDF), issued 8/16/1977 by EA Poliakoff · 2002 · Cited by 1 — An entry of default officially records a party's "failure to answer or otherwise respond."1 For "good cause," a court can set aside an entry of default. Claim and delivery, a mixture of elements of all three, is the statutory remedy found at S.C. ... a default in payments by the purchaser. Provisions in the ... Jul 21, 2022 — Deliver “notice of default” to the seller and terminate the contract; and · Pursue any remedies available to the buyer at law or in equity; and ... Federal Rule 55(b) permits the Clerk to enter judgments by default for sums certain, if there has been no appearance, and if the defendant is not a minor or ... Dec 10, 2014 — the mortgagee, following a default by the mortgagor under the mortgage, to exercise its remedies to accelerate the secured debt and ... (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is ... Oct 25, 2017 — There remains some debate, however, as to whether events of default can be cured in the absence of (or after the lapse of) an express cure ...

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South Carolina Clauses Relating to Defaults, Default Remedies