Common use of Involuntary Withdrawal of a Member Clause in Contracts

Involuntary Withdrawal of a Member. 35. Events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of the Operating Agreement or of a duty owed to the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member.

Appears in 3 contracts

Samples: Operating Agreement (Korth Direct Mortgage LLC), Operating Agreement (Korth Direct Mortgage LLC), Operating Agreement (Korth Direct Mortgage LLC)

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Involuntary Withdrawal of a Member. 3527. Events Where the Company consists of two or more Members, events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of the Operating Agreement or of a duty owed to the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member.

Appears in 1 contract

Samples: Operating Agreement

Involuntary Withdrawal of a Member. 3539. Events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of the Operating this Agreement or of a duty owed to the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member.

Appears in 1 contract

Samples: Operating Agreement

Involuntary Withdrawal of a Member. 3513. Events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of the Operating this Agreement or of a duty owed to the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member.

Appears in 1 contract

Samples: Company Agreement

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Involuntary Withdrawal of a Member. 3528. Events leading to the involuntary withdrawal of a Member from the Company Corporation will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the CompanyCorporation; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company Corporation into disrepute. Expulsion of a Member can also occur on application by the Company Corporation or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the CompanyCorporation's business; has willfully or persistently committed a material breach of the Operating Agreement or of a duty owed to the Company Corporation or to the other Members; or has engaged in conduct relating to the CompanyCorporation's business that makes it not reasonably practicable to carry on the business with the Member. Any Involuntary Withdrawal for cause can be reviewed by the Executive Board Members and amended by a Majority vote of the Executive Board Members.

Appears in 1 contract

Samples: Operating Agreement

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