Common use of Death, Incompetence, Dissolution of a Member Clause in Contracts

Death, Incompetence, Dissolution of a Member. If a Member dies, such ---------------------------------------------- Member's executor, administrator, or trustee, or, if he or she is adjudicated incompetent, such Member's guardian, or, if it is a corporation, trust, limited liability company or partnership and is dissolved, the liquidator, shall automatically become an assignee (the "Assignee") of the Membership Interest of the deceased, incompetent, or dissolved Member. The Assignee may receive distributions and shall have all the rights of a Member for the purpose of settling or managing such deceased or incompetent Member's estate, but shall not be a Member and shall not have the power to vote such Member's Membership Interest. The Assignee shall also have such power as the decedent, incompetent or dissolved entity possessed: (1) to assign all or any part of the Member's Membership Interest subject to Section 8.1; and (2) to satisfy conditions precedent to the assignment of the Membership Interest set forth in Section 8.1.

Appears in 6 contracts

Samples: Operating and Joint Venture Agreement (Afg Investment Trust D), Operating and Joint Venture Agreement (Afg Investment Trust D), Operating and Joint Venture Agreement (Afg Investment Trust C)

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Death, Incompetence, Dissolution of a Member. If a Member dies, ----------------------------------------------- such ---------------------------------------------- Member's executor, administrator, or trustee, or, if he or she is adjudicated incompetent, such Member's guardian, or, if it is a corporation, trust, limited liability company or partnership and is dissolved, the liquidator, shall automatically become an assignee (the "Assignee") of the Membership Interest of the deceased, incompetent, or dissolved Member. The Assignee may receive distributions and shall have all the rights of a Member for the purpose of settling or managing such deceased or incompetent Member's estate, but shall not be a Member and shall not have the power to vote such Member's Membership Interest. The Assignee shall also have such power as the decedent, incompetent or dissolved entity possessedpossessed to: (1) to assign all or any part of the Member's Membership Interest subject to Section 8.1; and (2) to satisfy conditions precedent to the assignment of the Membership Interest set forth in Section 8.1.

Appears in 3 contracts

Samples: Operating Agreement (Afg Investment Trust D), Operating Agreement (Afg Investment Trust B), Operating Agreement (Afg Investment Trust C)

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