Common use of COST AND EXPENSE OF TRANSFER; ALLOCATION OF PROFITS AND LOSSES Clause in Contracts

COST AND EXPENSE OF TRANSFER; ALLOCATION OF PROFITS AND LOSSES. All costs and expenses incurred by the Company in connection with any disposition of a Member’s interest, including any filing, recording and publishing costs and the fees and disbursements of counsel, shall be paid by the Member disposing of such interest. If an interest in the Company is disposed of pursuant to this Article VIII, the selling Member shall nevertheless be entitled to a portion of the profits and be charged with a portion of the losses allocated to such interest or part thereof for the fiscal year of the Company in which such disposition occurs, consistent with Section 7.7 above.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT I, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT I, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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