Common use of Limitations on General Partner's Power and Authority Clause in Contracts

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan to any Person.

Appears in 4 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

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Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this AgreementAgreement including but not limited to a change in the General Partner organizational structure because of merger, consolidation, asset sale, stock sale or swap, or otherwise; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (hg) take any action or fail to take any action where such action or failure would violate any provision of the Mortgage; (ih) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (ji) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (mj) cause any recapture of the Tax Credits; (nk) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (ol) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section 14.2(a) and (b) of this Agreement; (rm) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan to any Person.

Appears in 3 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment Project units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment HousingProject; (k) allow the Insurance to expire; (l) permit the Apartment Housing Project to be without utility serviceservice except when caused by failure of the utility company to provide such services to the Project; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment HousingProject; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment HousingProject, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 2 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 2 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11), Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; provided that if Xxxxxx X. Xxxxxxxx and Xxx Xxxxxx jointly retain control of the General Partner, non-managing member interests in the General Partner may be transferred for estate planning purposes to entities affiliated with Xxxxxx X. Xxxxxxxx and/or Xxx Xxxxxx and beneficially owned by family members of Xxxxxx X. Xxxxxxxx and/or Xxx Xxxxxx; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consentconsent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when dueunpaid; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or; (x) permit the Partnership to make any loan loans to any Person; or (y) violate any agreement between the Partnership and the State Tax Credit Agency.

Appears in 2 contracts

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13), Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgageany Mortgage Loan; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (ed) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (ge) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (hf) violate any provision of the Mortgage; (ig) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (jh) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (ki) allow the Insurance to expire; (lj) permit the Apartment Housing to be without utility service; (mk) cause any recapture of the Tax Credits; (nl) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (om) commingle funds of the Partnership with the funds of another Person;; or (pn) fail to cause the Partnership to fail to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (qo) fail to cause the Accountant to fail to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (rp) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (sq) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (ur) take any action that would cause a termination of the Partnership; (vs) encumber the Apartment Housing, except as provided herein; (wt) execute an assignment for the benefit of creditors; or or (xu) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner without the Consent of the Special Limited Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing;. (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the no General Partner shall notPartners shall: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the PartnershipPartnership without the consent of the Limited Partners; (d) possess Partnership property, or assign the Partner's ’s right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgageany Mortgage Loan; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person; (p) fail to cause the Partnership to make the a Mortgage Loan payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consentconsent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when dueprior to delinquency; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement

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Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Non-Profit Limited Partner Partner, Limited Partner, Georgia Limited Partner, or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment housing units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits or Georgia Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment HousingHousing unless consented to by the Special Limited Partner; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner unless, following such change of control, Xxxxxxx X. Xxxxx or Xxxxxxx X. Xxxxx and Xxxxxxx Xxxxx is/are the sole managing member(s) of Star-Holdings of Illinois, L.L.C. ("Star Holdings") with full control over the management of Star Holdings, and Star Holdings is the sole member of the sole member of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the any Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (nl) permit any creditor (with the exception of MHC) who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (om) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section 14.2(a) and (b) of this Agreement; (rn) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent;; or (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (to) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause termination of the Partnership; (v) encumber the Apartment Housing, except as otherwise provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan to any Personin this Agreement.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (hg) violate any provision of the Mortgage; (ih) cause the Apartment Housing apartment units (other than the manager's unit) to be rented to anyone other than Qualified Tenants; (ji) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (kj) allow the Insurance to expire; (lk) permit the Apartment Housing to be without utility service; (ml) cause any recapture of the Tax Credits; (nm) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (on) commingle funds of the Partnership with the funds of another Person; (po) fail to cause the Partnership to make the a Mortgage or Second Loan payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (qp) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (q) allow real estate taxes on the Apartment Housing to be upaid if the Partnership fails to pay the same when due; (r) pay any real estate commission for the sale or refinancing of the Apartment Housing except for as otherwise provided for in this agreement; or (s) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due; (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgage; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility serviceservice except if such power outage is beyond the control of the General Partner; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 12)

Limitations on General Partner's Power and Authority. Notwithstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) directly or indirectly transfer control of the General Partner; (g) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (h) violate any provision of the Mortgageany Mortgage Loan and fail to cure such violation within any applicable cure period; (i) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (j) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (k) allow the Insurance to expire; (l) permit the Apartment Housing to be without utility service; (m) cause any recapture of the Tax Credits; (n) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (o) commingle funds of the Partnership with the funds of another Person;; or (p) fail to cause the Partnership to make the Mortgage payment if the Partnership fails to pay the same when due, subject to available funds, including funds provided under Section 6.3 or Section 6.4; (q) fail to cause the Accountant to issue the reports specified in Section Sections 14.2(a) and (b) of this Agreement; (r) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent; (s) allow the Real Estate Taxes to be unpaid if the Partnership fails to pay the same when due;; or (t) pay any real estate commission for the sale or refinancing of the Apartment Housing; (u) take any action that would cause a termination of the Partnership; (v) encumber the Apartment Housing, except as provided herein; (w) execute an assignment for the benefit of creditors; or (x) permit the Partnership to make any loan loans to any Person.

Appears in 1 contract

Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)

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