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Bond Covenant - Law Dictionary Search Results

Home Dictionary Name: bond covenant

Bond covenant

Bond covenant, means a bond-indenture provision that protects bondholders by specifying what the issuer may or may not do, as by prohibiting the issuer from issuing more debt, Black Law Dictionary, 7th Edn., p. 175....


bond

bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...


Bond

Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...


Surety bond

Surety bond, a surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond has to be construed on its own terms. But in construing the terms of a surety bond for the production of an accused person, the purpose and object of executing it must be kept in view. Such a bond is executed for the purpose of ensuring the presence of the accused concerned in Court in which he is standing his trial for a criminal offence at the hearing of the case. But for the execution of such a bond, the accused would have to remain in custody so that the trial may proceed smoothly, State of Maharashtra v. Dadamiya Babumiya Sheikh, AIR 1971 SC 1722 (1724): (1972) 3 SCC 85.In the case of fidelity guarantees the security is discharged if a material alteration takes place in the risk, e.g., change of duties, Pybus v. Gibb, (1856) 6 E&B 902, or upon non-disclosure by the person to whom the guarantee is given of a matter affecting th...


contract bond

contract bond see bond ...


Bottomry Bond, or Contract, also Bottomree, or Bummaree

Bottomry Bond, or Contract, also Bottomree, or Bummaree, a species of mortgage or hypothecation of a ship, by which her keel or bottom is pledged (partum pro toto) as a security for the repayment of a sum of money. If the ship be totally lost, the lender loses his money; but if she returns safely, he recovers his principal, together with the interest agreed upon. Such bonds are allowed as valid in all trading nations, for the benefit of commerce, and as a pretium periculi for the extraordinary hazard run. See Abbott on Shipping, and RESPONDENTIA....


Debt

Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...


bond for deed

bond for deed :>contract for deed at contract used in Louisiana ...


Lloyd's bonds

Lloyd's bonds. Instruments under the seal of a railway company, admitting the indebtedness of the company to a specified amount to the obligee, with a covenant to pay him such amount with interest on a future day. So called from the name of the counsel who originally settled such a bond. All such 'loan notes' issued otherwise than under the authority of some statute are invalid, and by the (English) Railway Regulation Act, 1844 (7 & 8 Vict. c. 85), s. 17, the railway company issuing them forfeits to the Crown a sum equal to the sum for which any note purports to be a security....


Contract for the hire of goods

Contract for the hire of goods, means a contract, other than an excepted contract, under which one person bails or agrees to bail goods to another by way of hire. Supply of Goods and Service Act, 1982 (UK), Halsbury's Laws of England, Vol. 2, para 856, p. 868....


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