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Bank of America, N.A. - Moses & Singer, LLP

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URDG Article 30 – Limits On Exemption From<br />

Liability<br />

• Exculpations qualified by requirement that<br />

guarantor act in “good faith”<br />

• NYUCC defines good faith as “honesty in fact in<br />

the conduct or transaction concerned” and does<br />

not also require observance <strong>of</strong> reasonable<br />

commercial standards <strong>of</strong> fair dealing<br />

• How will the URDG good faith requirement be<br />

interpreted?<br />

Sept. 2011<br />

26<br />

A U.S. Perspective On The New URDG758

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