Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares held in the Trust would not violate the restrictions set forth in Section 8.1(a)(i) in the hands of such Charitable Beneficiary. Neither the failure of the Company to make such designation nor the failure of the Company to appoint the Trustee before the automatic transfer provided in Section 8.1(a)(ii) shall make such transfer ineffective; provided, that the Company thereafter makes such designation and appointment.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC), Limited Liability Company Agreement (MGM Growth Properties LLC)
Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company Corporation shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares shares of Capital Stock held in the Trust would not violate the restrictions set forth in Section 8.1(a)(i6.2.1(a) in the hands of such Charitable Beneficiary. Neither the failure of the Company Corporation to make such designation nor the failure of the Company Corporation to appoint the Trustee before the automatic transfer provided for in Section 8.1(a)(ii6.2.1(b)(i) shall make such transfer ineffective; provided, provided that the Company Corporation thereafter makes such designation and appointment.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Assets Trust, Inc.), Agreement and Plan of Merger (American Assets Trust, Inc.)
Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares Interests of a Series held in the Trust would not violate the restrictions set forth in Section 8.1(a)(i4.02(c) in the hands of such Charitable Beneficiary. Neither the failure of the Company to make such designation nor the failure of the Company to appoint the Trustee before the its automatic transfer provided for in Section 8.1(a)(ii4.02(d) shall make such transfer ineffective; provided, provided that the Company thereafter makes such designation and appointment.
Appears in 1 contract
Samples: Limited Liability Company Agreement (RealyInvest NNN, LLC)
Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares of a Series held in the Trust would not violate the restrictions set forth in Section 8.1(a)(i13.2(a) in the hands of such Charitable Beneficiary. Neither the failure of the Company to make such designation nor the failure of the Company to appoint the Trustee before the its automatic transfer provided for in Section 8.1(a)(ii13.2(b) shall make such transfer ineffective; provided, provided that the Company thereafter makes such designation and appointment.
Appears in 1 contract
Samples: Limited Liability Company Agreement (ETRE Residential, LLC)
Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares of a Series held in the Trust would not violate the restrictions set forth in Section 8.1(a)(i13.2(a) in the hands of such Charitable Beneficiary. Neither the failure of the Company to make such designation nor the failure of the Company to appoint the Trustee before the its automatic transfer provided for in Section 8.1(a)(ii13.2(b) shall make such transfer ineffective; provided, provided that the Company thereafter makes such designation and appointment.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Etre Reit, LLC)
Designation of Charitable Beneficiaries. By written notice to the Trustee, the Company shall designate one or more nonprofit organizations to be the Charitable Beneficiary of the interest in the Trust such that the Shares of a Series held in the Trust would not violate the restrictions set forth in Section 8.1(a)(iSection 13.2(a) in the hands of such Charitable Beneficiary. Neither the failure of the Company to make such designation nor the failure of the Company to appoint the Trustee before the its automatic transfer provided for in Section 8.1(a)(iiSection 13.2(b) shall make such transfer ineffective; provided, provided that the Company thereafter makes such designation and appointment.. 56
Appears in 1 contract
Samples: Limited Liability Company Agreement (Etre Reit, LLC)