Common use of Interests in a Member Clause in Contracts

Interests in a Member. A Member that is not a natural person may not cause or permit an interest, direct or indirect, in itself to be Disposed of such that, after the Disposition, (a) the Company would be considered to have terminated within the meaning of section 708 of the Code or (b) without the consent of the Company Manager that Member shall cease to be controlled by substantially the same Persons who control it as of the date of its admission to the Company. On any breach of the provisions of clause (b) of the immediately preceding sentence, the Company shall have the option to buy, and on exercise of that option the breaching Member shall sell, the breaching Member’s Membership Interest all in accordance with Article 10 as if the breaching Member were a Bankrupt Member.

Appears in 1 contract

Samples: Operating Agreement (Summit Hotel OP, LP)

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Interests in a Member. A Member that is not a natural person may not cause or permit an interest, direct or indirect, in itself to be Disposed of such that, after the Disposition, (a) the Company would be considered to have terminated within the meaning of section 708 of the Code or (b) without the consent of the Company Manager Managers and a Required Interest, that Member shall cease to be controlled by substantially the same Persons who control it as of the date of its admission to the Company. On any breach of the provisions of clause (b) of the immediately preceding sentence, the Company shall have the option to buy, and on exercise of that option the breaching Member shall sell, the breaching Member’s 's Membership Interest Interest, all in accordance with Article 10 Section 11.01 as if the breaching Member were a Bankrupt Member.

Appears in 1 contract

Samples: Operating Agreement (Ashton Houston Residential L.L.C.)

Interests in a Member. A Member that is not a natural person may not cause or permit an interest, direct or indirect, in itself to be Disposed of such that, after the Disposition, (a) the Company would be considered to have terminated within the meaning of section 708 of the Code or (b) without the consent of the Company Manager that Member shall cease to be controlled by substantially the same Persons who control it as of the date of its admission to the Company. On any breach of the provisions of clause (b) of the immediately preceding sentence, the Company shall have the option to buy, and on exercise of that option the breaching Member shall sell, the breaching Member’s 's Membership Interest all in accordance with Article 10 as if the breaching Member were a Bankrupt Member.

Appears in 1 contract

Samples: Operating Agreement (Summit Hotel Properties LLC)

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Interests in a Member. A Member that is not a natural person may not cause or permit an interesta Membership Interest, direct or indirect, in itself to be Disposed of such that, after the Disposition, Disposition (a) the Company would be considered to have terminated within the meaning of section Section 708 of the Code Code, or (b) without the consent of the Company Manager a Required Interest, that Member shall cease to be controlled by substantially the same Persons who control it as of the date of its admission to the Company. On any breach of the provisions of clause (b) of the immediately preceding sentence, the Company shall have the option to buy, and on exercise of that the option the breaching Member shall sell, the breaching Member’s 's Membership Interest Interest, all in accordance with Article 10 Section 4.6 as if the breaching Member were a Bankrupt Member.

Appears in 1 contract

Samples: Operating Agreement (Navtrans International Freight Forwarding Inc)

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