Common use of Effect of Death or Incapacity Clause in Contracts

Effect of Death or Incapacity. Except as otherwise provided herein, the death or incapacity of a Member shall not wind up, dissolve or terminate the Company. In the event of such death or incapacity, the executor, administrator, guardian, trustee or other personal representative of the deceased or incapacitated Member shall be deemed to be the assignee of such Member’s Economic Interest only and may, subject to the terms and conditions set forth in Section 9.2, become a Substituted Member.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Express, Inc.), Limited Liability Company Agreement (Express, Inc.)

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Effect of Death or Incapacity. (a) Except as otherwise provided herein, the death or incapacity Incapacity of a Member shall not wind up, dissolve or terminate the Company. In the event of such death or incapacityIncapacity of a Member, the executor, administrator, guardian, trustee trustee, or other personal representative of the deceased or incapacitated Incapacitated Member shall be deemed to be the assignee Assignee of such Member’s Economic Interest only and may, subject to the terms and conditions set forth in Section 9.210.7, become a Substituted substituted Member.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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Effect of Death or Incapacity. Except as otherwise provided herein, the death or incapacity of a Member shall not wind upnot, in and of itself, dissolve or terminate the Company. In the event of such death or incapacity, the executor, administrator, guardian, trustee or other personal representative of the deceased or incapacitated Member shall be deemed to be the assignee of such Member’s Economic Interest only interest and may, subject to the terms and conditions set forth in Section 9.28.6, become a Substituted Member.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Internap Corp)

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