New York Uniform Commercial Code Code § 3-106

Sum Certain
Open in Lexace · Ask the AI about this section
Section 3--106. Sum Certain.\n  (1) The sum payable is a sum certain even though it is to be paid\n       (a) with a stated rate of interest or by stated installments; or\n       (b) with stated different rates of interest before and after\n           default or a specified date; or\n       (c) with a stated discount or addition if paid before or after\n           the date fixed for payment; or\n       (d) with exchange or less exchange, whether at a fixed rate or at\n           the current rate; or\n       (e) with costs of collection or an attorney's fee or both upon\n           default.\n  (2) For the purposes of subsection one of this section "a stated rate\nof interest" shall also include a rate of interest that cannot be\ncalculated by looking only to the instrument but which is readily\nascertainable by a reference in the instrument to a published statute,\nregulation, rule of court, generally accepted commercial or financial\nindex, compendium of interest rates, or announced rate of a named\nfinancial institution.\n  (3) Nothing in this section shall validate any term which is otherwise\nillegal.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.