Common use of Joint Ownership of Interests Clause in Contracts

Joint Ownership of Interests. A Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common), provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyed, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 14 contracts

Samples: Agreement of Limited Partnership (Stirling Hotels & Resorts, Inc.), Contribution Agreement (Ashford Hospitality Trust Inc), Limited Partnership Agreement (Ashford Hospitality Prime, Inc.)

AutoNDA by SimpleDocs

Joint Ownership of Interests. A An Operating Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Operating Partnership Interest shall be required to constitute the action of the owners of such Operating Partnership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Operating Partnership has been provided with evidence satisfactory to the counsel for the Operating Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a an Operating Partnership Interest held in a joint tenancy with a right of survivorship, the Operating Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Operating Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Operating Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Operating Partnership Interest to be divided into two (2) equal Operating Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 11 contracts

Samples: Limited Partnership Agreement (Global Income Trust, Inc.), Limited Partnership Agreement (Global Growth Trust, Inc.), Limited Partnership Agreement (CNL Properties Trust, Inc.)

Joint Ownership of Interests. A Partnership Membership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common), provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Membership Interest shall be required to constitute the action of the owners of such Partnership Membership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership Company has been provided with evidence satisfactory to counsel for the Partnership Company that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Membership Interest held in a joint tenancy with a right of survivorship, the Partnership Membership Interest shall become owned solely by the survivor as a Limited Partner Member and not as an assignee. The Partnership Company need not recognize the death of one (1) of the owners of a jointly held Partnership Membership Interest until it shall have received notice of such death. Upon notice to the General Partner Manager from either owner that the tenancy satisfying the first sentence of this Section 9.9 9.6 has been destroyed, the General Partner Manager shall cause the Partnership Membership Interest to be divided into two (2) equal Partnership Membership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 5 contracts

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

Joint Ownership of Interests. A Partnership Interest may be acquired ---------------------------- by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written -------- ------- consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Wells Real Eastate Investment Trust Inc), Limited Partnership Agreement (Prentiss Properties Trust/Md), Limited Partnership Agreement (Patriot American Hospitality Inc)

Joint Ownership of Interests. A Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common), provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 3 contracts

Samples: Agreement of Limited Partnership (Boykin Lodging Co), Agreement of Limited Partnership (Boykin Lodging Trust Inc), Limited Partnership Agreement (Boykin Lodging Co)

Joint Ownership of Interests. A Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that such individuals either are married or are related and share the same home as tenants in commonspouse, child, grandchild, parent or grandparent to one another. The written consent or vote of both owners of any an such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners. Partnership interests may also be owned as tenants in common.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Investors Real Estate Trust), Partnership Agreement (Investors Real Estate Trust), Limited Partnership Agreement (Investors Real Estate Trust)

Joint Ownership of Interests. A Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that such individuals either are married or are related and share the same home as tenants in commoncommon or joint tenants with right of survivorship. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (O'Donnell Strategic Industrial REIT, Inc.), Limited Partnership Agreement (O'Donnell Strategic Gateway REIT, Inc.)

AutoNDA by SimpleDocs

Joint Ownership of Interests. A Partnership Interest may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided PROVIDED that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; providedPROVIDED, howeverHOWEVER, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Aegis Investment Trust), Limited Partnership Agreement (Healthcare Financial Partners Reit Inc)

Joint Ownership of Interests. A Partnership Interest may be ---------------------------- acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided provided, that such individuals either are married or are related and share the -------- same home as tenants in commonpersonal residence. The written consent or vote of both owners of any such jointly jointly-held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written -------- ------- consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former joint owners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Wells Real Estate Investment Trust Inc)

Joint Ownership of Interests. A (a) Common Partnership Interest Units may be acquired by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Common Partnership Interest Units shall be required to constitute the action of the owners of such Common Partnership InterestUnits; provided, however, that the written consent of only one (1) joint owner will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. . (b) Upon the death of one (1) owner of a Common Partnership Interest Units held in a joint tenancy with a right of survivorship, the such Common Partnership Interest Units shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Common Partnership Interest Units until it shall have received notice of such death. . (c) Upon notice the written request to the General Partner from by either owner that the of Common Partnership Units held in a joint tenancy satisfying the first sentence with a right of this Section 9.9 has been destroyedsurvivorship, the General Partner shall cause the such Common Partnership Interest Units to be divided into two (2) equal allotments of Common Partnership InterestsUnits, which shall thereafter be owned separately by each of the former ownersowners as Limited Partners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Insignia Properties Trust /)

Joint Ownership of Interests. A Partnership Interest may be acquired ---------------------------- by two (2) individuals as joint tenants with right of survivorship (but not as tenants in common)survivorship, provided that -------- ---- such individuals either are married or are related and share the same home as tenants in common. The written consent or vote of both owners of any such jointly held Partnership Interest shall be required to constitute the action of the owners of such Partnership Interest; provided, however, that the written consent of only one (1) joint owner --------- -------- will be required if the Partnership has been provided with evidence satisfactory to the counsel for the Partnership that the actions of a single joint owner can bind both owners under the applicable laws of the state of residence of such joint owners. Upon the death of one (1) owner of a Partnership Interest held in a joint tenancy with a right of survivorship, the Partnership Interest shall become owned solely by the survivor as a Limited Partner and not as an assignee. The Partnership need not recognize the death of one (1) of the owners of a jointly jointly-held Partnership Interest until it shall have received notice of such death. Upon notice to the General Partner from either owner that the tenancy satisfying the first sentence of this Section 9.9 has been destroyedowner, the General Partner shall cause the Partnership Interest to be divided into two (2) equal Partnership Interests, which shall thereafter be owned separately by each of the former owners.

Appears in 1 contract

Samples: Limited Partnership Agreement (Prentiss Properties Trust/Md)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!