LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to: (i) acquire any assets other than as expressly provided herein; (ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3; (iii) possess Partnership property for other than a Partnership purpose; (iv) admit a Person as a Partner, except as expressly provided in this Agreement; (v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments; (vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction; (vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3; (viii) without the written consent of the Holders of 66-2/3% in liquidation preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or (ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 7 contracts
Samples: Agreement of Limited Partnership (Merrill Lynch Preferred Capital Trust Ii), Limited Partnership Agreement (Merrill Lynch Preferred Capital Trust Iv), Limited Partnership Agreement (Merrill Lynch Preferred Funding I Lp)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(ia) acquire any assets other than as expressly provided herein;
(iib) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3;
(iiic) possess Partnership property for other than a Partnership purpose;
(ivd) admit a Person as a Partner, except as expressly provided in this Agreement;
(ve) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vif) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(viig) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3;
(viiih) to the fullest extent permitted by law, without the written consent of the Holders of 66-2/3% in liquidation preference Liquidation Preference of the Preferred Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ixi) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Limited Partnership Agreement (Txu Europe Funding I L P)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this ---------------------------------- Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.32.3 of this Agreement;
(iii) possess Partnership property for other than a Partnership purpose;
(iv) admit a Person as a Partner, except as expressly provided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.32.3 of this Agreement;
(viii) without the written consent of the Holders of 66-66- 2/3% in liquidation preference Liquidation Preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Agreement of Limited Partnership (Hawaiian Electric Industries Inc)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3;
(iii) possess Partnership property for other than a Partnership purpose;
(iv) admit a Person as a Partner, except as expressly provided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;; 42
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3;
(viii) without the written consent of the Holders of 66-2/3% in liquidation preference Liquidation Preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Limited Partnership Agreement (Capita Preferred Trust)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3;
(iii) possess Partnership property for other than a Partnership purpose;
(iv) admit a Person as a Partner, except as expressly provided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3;
(viii) without the written consent of the Holders of 66-2/3% in liquidation preference Liquidation Preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Limited Partnership Agreement (Merrill Lynch Preferred Funding I Lp)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3;
(iii) possess Partnership property for other than a Partnership purpose;
(iv) admit a Person as a Partner, except as expressly provided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3;
(viii) without the written consent of the Holders of 66-2/3% in liquidation preference of the Preferred Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Limited Partnership Agreement (Txu Europe Funding I L P)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.32.3 of this Agreement;
(iii) possess Partnership property for other than a Partnership purpose;
(iv) admit a Person as a Partner, except as expressly provided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.32.3 of this Agreement;
(viii) without the written consent of the Holders of 66-2/3% in liquidation preference Liquidation Preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or business.
Appears in 1 contract
Samples: Limited Partnership Agreement (Hei Preferred Funding L P)
LIMITS ON GENERAL PARTNER'S POWERS. Anything in this Agreement to the contrary notwithstanding, the General Partner shall not cause or permit the Partnership to:
(i) acquire any assets other than as expressly provided herein;
(ii) do any act which would make it impractical or impossible to carry on the ordinary activity of the Partnership as set forth in Section 2.3;
(iii) possess Partnership property for other than a Partnership Partner ship purpose;
(iv) admit a Person as a Partner, except as expressly provided pro vided in this Agreement;
(v) make any advances of funds to the General Partner or its Affiliates, other than such as represented by the Affiliate Investment Invest ment Instruments;
(vi) perform any act that would subject any Limited Partner to liability as a general partner in any jurisdiction;
(vii) engage in any activity that is not consistent with the purposes of the Partnership, as set forth in Section 2.3;
(viii) without the written consent of the Holders of 66-2/3% in liquidation preference of the Partnership Preferred Securities, have an order for relief entered with respect to the Partnership or commence a voluntary case under any applicable bankruptcy, insolvency insol vency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of the Partnership's property, or make any assignment for the benefit of creditors of the Partnership; or
(ix) borrow money or become liable for the borrowings of any third party or to engage in any financial or other trade or businessbusi ness.
Appears in 1 contract
Samples: Limited Partnership Agreement (Ultramar Diamond Shamrock Corp)