Common use of APPOINTMENT OF TRUSTEE TO RECEIVE PAYMENTS Clause in Contracts

APPOINTMENT OF TRUSTEE TO RECEIVE PAYMENTS. The Limited Partners may cause the Partnership at the Partnership's expense to assign the Partnership's right to receive revenues to a trustee named by the Limited Partners (a) if the General Partner has committed fraud, willful or intentional misconduct or gross negligence in the performance of its duties hereunder, (b) if the General Partner is in default in the performance or observation of any material agreement, covenant, term, condition or obligation hereunder, (c) if a representation or warranty made by the General Partner herein or by the General Partner or any of its officers in any writing furnished in connection with or pursuant to this Agreement shall be false in a material respect on the date as of which made, or (d) upon the occurrence of any of the events described in either Section 4.02(a)(4) or in Section 4.02(a)(5) of the Act (except that with respect to Section 4.02(a)(5) the operative number of days shall be 60 instead of those set forth in such Section). Such trustee shall receive and hold Partnership revenues for the benefit of all the Partners, but shall not have the rights of the General Partner hereunder. The trustee's sole right and responsibility shall be to receive Partnership funds and disburse them in accordance with the other provisions of this Agreement. In the event a trustee is appointed pursuant to this SECTION 6.11 and the default is cured or the action or event under or with respect to the bankruptcy law is completely dismissed or eliminated, the General Partner and the Limited Partners shall, at the request of either the General Partner or the Limited Partners, cause the trustee to be discharged at the Partnership's expense; provided that in the judgment of the Limited Partners, their interest under this Agreement will not be adversely affected by any such discharge.

APPOINTMENT OF TRUSTEE TO RECEIVE PAYMENTS. The Limited Partners Partner may cause the Partnership at the Partnership's expense to assign the Partnership's right to receive revenues to a trustee named by the Limited Partners Partner (a) if the General Partner has committed fraud, willful or intentional misconduct or gross negligence in the performance of its duties hereunder, (b) if the General Partner is in default in the performance or observation observance of any material agreement, covenant, term, condition or obligation hereunder, (c) if a representation or warranty made by the General Partner herein or by the General Partner or any of its officers in any writing furnished in connection with or pursuant to this Agreement shall be false in a material respect on the date as of which made, or (d) upon the occurrence of any of the events described in either Section 4.02(a)(4) or in Section 4.02(a)(5) of the Act (except that with respect to Section 4.02(a)(5) the operative number of days shall be 60 instead of those set forth in such Section). Such trustee shall receive and hold Partnership revenues for the benefit of all the Partners, but shall not have the rights of the General Partner hereunder. The trustee's sole right and responsibility shall be to receive Partnership funds and disburse them in accordance with the other provisions of this Agreement. In the event a trustee is appointed pursuant to this SECTION Section 6.11 and the default is cured or the action or event under or with respect to the bankruptcy law is completely dismissed or eliminated, the General Partner and the Limited Partners Partner shall, at the request of either the General Partner or the Limited PartnersPartner, cause the trustee to be discharged at the Partnership's expense; provided that in the judgment of the Limited PartnersPartner, their its interest under this Agreement will not be adversely affected by any such discharge.

APPOINTMENT OF TRUSTEE TO RECEIVE PAYMENTS. The Limited Partners Partner may cause the Partnership at the Partnership's ’s expense to assign the Partnership's ’s right to receive revenues to a trustee named by the Limited Partners Partner (a) if the General Partner has committed fraud, willful or intentional misconduct or gross negligence in the performance of its duties hereunder, (b) if the General Partner is in default in the performance or observation observance of any material agreement, covenant, term, condition or obligation hereunder, (c) if a representation or warranty made by the General Partner herein or by the General Partner or any of its officers in any writing furnished in connection with or pursuant to this Agreement shall be false in a material respect on the date as of which made, or (d) upon the occurrence of any of the events described in either Section 4.02(a)(4153.155(a)(4) or in Section 4.02(a)(5153.155(a)(5) of the Act TLPL (except that with respect to Section 4.02(a)(5153.155(a)(5) the operative number of days shall be 60 instead of those set forth in such Section). Such trustee shall receive and hold Partnership revenues for the benefit of all the Partners, but shall not have the rights of the General Partner hereunder. The trustee's ’s sole right and responsibility shall be to receive Partnership funds and disburse them in accordance with the other provisions of this Agreement. In the event a trustee is appointed pursuant to this SECTION Section 6.11 and the default is cured or the action or event under or with respect to the bankruptcy law is completely dismissed or eliminated, the General Partner and the Limited Partners Partner shall, at the request of either the General Partner or the Limited PartnersPartner, cause the trustee to be discharged at the Partnership's ’s expense; provided that in the reasonable judgment of the Limited PartnersPartner, their its interest under this Agreement will not be adversely affected by any such discharge.

APPOINTMENT OF TRUSTEE TO RECEIVE PAYMENTS. The Limited Partners may cause the Partnership at the Partnership's expense to assign the Partnership's right to receive revenues to a trustee named by the Limited Partners (a) if the General Partner has committed fraud, willful or intentional misconduct or gross negligence in the performance of its duties hereunder, (b) if the General Partner is in default in the performance or observation of any material agreement, covenant, term, condition or obligation hereunder, (c) if a representation or warranty made by the General Partner herein or by the General Partner or any of its officers in any writing furnished in connection with or pursuant to this Agreement shall be false in a material respect on the date as of which made, or (d) upon the occurrence of any of the events described in either Section 4.02(a)(4) or in Section 4.02(a)(5) of the Act (except that with respect to Section 4.02(a)(5) the operative number of days shall be 60 instead of those set forth in such Section). Such trustee shall receive and hold Partnership revenues for the benefit of all the Partners, but shall not have the rights of the General Partner hereunder. The trustee's sole right and responsibility shall be to receive Partnership funds and disburse them in accordance with the other provisions of this Agreement. In the event a trustee is appointed pursuant to this SECTION 6.11 Section 6.13 and the default is cured or the action or event under or with respect to the bankruptcy law is completely dismissed or eliminated, the General Partner and the Limited Partners shall, at the request of either the General Partner or the Limited Partners, cause the trustee to be discharged at the Partnership's expense; provided that in the judgment of the Limited Partners, their interest under this Agreement will not be adversely affected by any such discharge.the