AGREEMENT OF LIMITED PARTNERSHIP. The Agreement of Limited Partnership of the Operating Partnership has been duly authorized by the Company and the General Partner and is a valid and binding agreement of the Company, the General Partner and the Operating Partnership, enforceable against each of the Company, the General Partner and the Operating Partnership in accordance with its terms, except to the extent that such enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights and remedies generally, and subject, as to enforceability, to general principles of equity, and, with respect to equitable relief, the discretion of the court before which any proceeding therefor may be brought (regardless of whether enforcement is sought in a proceeding at law or in equity), and, with respect to rights to indemnity and contribution thereunder, except as rights may be limited by applicable law or policies underlying such law.
AGREEMENT OF LIMITED PARTNERSHIP. The Agreement of Limited Partnership of the OP as in effect immediately prior to the Effective Time shall be the agreement of limited partnership of the Surviving Limited Partnership until thereafter changed or amended in accordance with the provisions thereof and applicable law.
AGREEMENT OF LIMITED PARTNERSHIP. This Second Amended and Restated Agreement of Limited Partnership (this “Agreement”) executed on December 4, 2007, is entered into by and among Victoria Bay Asset Management, LLC, a Delaware limited liability company, as General Partner, Wxxxxxxxxx Holdings, Inc., a Delaware corporation, as the Organizational Limited Partner, and Kxxxxxx Capital Group, LLC as a Limited Partner, together with any Persons who shall hereafter be admitted as Partners in accordance with this Agreement.
AGREEMENT OF LIMITED PARTNERSHIP. At the Effective Time, the Agreement of Limited Partnership of the Partnership shall be and thereafter remain the Agreement of Limited Partnership of the Surviving Limited Partnership until altered, amended or repealed in the manner therein provided in accordance with the Agreement of Limited Partnership of the Surviving Limited Partnership and applicable law.
AGREEMENT OF LIMITED PARTNERSHIP. At the Effective Time and without any further action on the part of the Parties or otherwise, the agreement of limited partnership of ET, as in effect immediately prior to the Effective Time, shall continue to be the agreement of limited partnership of the Surviving Entity until altered, amended or repealed in accordance with the provisions thereof or applicable law.
AGREEMENT OF LIMITED PARTNERSHIP. The Agreement of Limited Partnership of Xxxxxxx Family Restaurants, L.P. (the "PARTNERSHIP AGREEMENT") shall be the Agreement of Limited Partnership of the Surviving Partnership and thereafter may be amended as provided in the Partnership Agreement or by law. This Agreement shall effect no amendment or other change whatsoever to the Partnership Agreement except that the Partnership Agreement shall be amended as provided in EXHIBIT 1.04.
AGREEMENT OF LIMITED PARTNERSHIP. These By-Laws shall be subject to the Agreement of Limited Partnership, as from time to time in effect (the "Partnership Agreement"), of SEI Opportunity Master Fund, L.P., a Delaware limited partnership (the "Fund"). Capitalized terms not otherwise defined herein will have the meanings set forth in the Partnership Agreement.
AGREEMENT OF LIMITED PARTNERSHIP. This Fifth Amended and Restated Agreement of Limited Partnership (this “Agreement”), effective as of October 13, 2008, is entered into by and among United States Commodity Funds LLC, formerly Victoria Bay Asset Management, LLC, a Delaware limited liability company, as General Partner and Xxxxxxx Capital Group, LLC, as a Limited Partner, together with any Persons who shall hereafter be admitted as Partners in accordance with this Agreement.
AGREEMENT OF LIMITED PARTNERSHIP. At the Effective Time and in conjunction with the filing of the Certificate of Merger, the limited partnership agreement of HESM immediately prior to the Effective Time shall be the limited partnership agreement of the Surviving Entity until thereafter amended in accordance with the provisions thereof and applicable Law.
AGREEMENT OF LIMITED PARTNERSHIP. The Agreement of Limited Partnership of the Operating Partnership as in effect immediately prior to the Effective Time shall be the agreement of limited partnership of the Surviving Company until thereafter changed or amended in accordance with the provisions thereof and applicable law.
