Current through Public Act 160 of the 2024 Legislative Session
Section 445.1593 - Post closing solvency covenant; prohibited use(1) A post closing solvency covenant shall not be used, directly or indirectly, as a nonrecourse carveout or as the basis for any claim or action against a borrower or any guarantor or other surety on a nonrecourse loan.(2) A provision in the documents for a nonrecourse loan that does not comply with subsection (1) is invalid and unenforceable.Added by 2012, Act 67,s 3, eff. 3/29/2012.