Loss of Voting Rights. The borrower of securities (and not you, as lender) has the right to vote, or to provide any consent or to take any similar action with respect to the loaned securities if the record date or deadline for such vote, consent or other action falls during the term of the loan.
Loss of Voting Rights. The General Partner may, in is sole discretion, declare that whenever the vote, consent or decision of a Limited Partner or of the Partners is required or permitted pursuant to this Agreement, except XXXXX’X COFFEE ASIA PACIFIC PARTNERS, LP PARTNERSHIP AGREEMENT PAGE 6 OF 29 as required by the Act, a Defaulting Limited Partner shall not be entitled to participate in such vote or consent, or to make such decision, and such vote, consent or decision shall be tabulated or made as if such Defaulting Limited Partner were not a Partner.
Loss of Voting Rights. If the outstanding balance of any and all Default Loans made to the Delinquent Member equal or exceed Three Million Five Hundred Thousand Dollars ($3,500,000), then, regardless of any remedy that may be selected by the Non-Delinquent Member (and notwithstanding any other term of this Agreement), (i) the Delinquent Member's Representatives shall not be entitled to serve on the Executive Committee and its Representatives shall not be entitled to otherwise vote upon any matters under this Agreement (exclusive of any Fundamental Decision), (ii) the management of the business and affairs of the Company shall be vested solely in the Representatives of the Non-Delinquent Member, (iii) the rights of the Delinquent Member shall be limited solely to those of an assignee that is not admitted as a substituted member in accordance with the provisions of Section 8.3 (i.e., sharing in any allocations and/or distributions of Profits, Losses (and items thereof) and Net Cash Flow and liquidating distributions to which such Member is entitled to receive under this Agreement), and (iv) the Delinquent Member shall not have any authority to act for or bind the Company. For the avoidance of any doubt, the Members acknowledge that the loss of voting and approval rights provided for in this Section 2.5(d) shall only apply during such time period that the outstanding amount owed on any and all Default Loans to the Delinquent Member equal or exceed Three Million Five Hundred Thousand Dollars ($3,500,000).
Loss of Voting Rights. If there is an uncured Event of Default that is a Bad Act Event, Withdrawal Event, Voluntary Bankruptcy Event, Involuntary Bankruptcy Event or Transfer Event, then (i) the Delinquent Member's Representatives shall not be entitled to serve on the Executive Committee and its Representatives shall not be entitled to otherwise vote upon any matters under this Agreement (exclusive of any Fundamental Decision), (ii) the management of the business and affairs of the Company shall be vested solely in the Representatives of the Non-Delinquent Member, (iii) the rights of the Delinquent Member shall be limited solely to those of an assignee that is not admitted as a substituted member in accordance with the provisions of Section 8.3 (i.e., sharing in any allocations and/or distributions of Profits, Losses (and items thereof) and Net Cash Flow and liquidating distributions to which such Member is entitled to receive under this Agreement), and (iv) the Delinquent Member shall not have any authority to act for or bind the Company. For the avoidance of any doubt, the Members acknowledge that a Transfer Event shall not be to have occurred unless such event is not cured within the Cure Period after notice of such default is given by the Non-Delinquent Member.
Loss of Voting Rights. Upon the occurrence of an Involuntary Withdrawal, no voting rights shall be exercisable with respect to the Interest of the Member until such Units are disposed of in accordance with Article 8.
Loss of Voting Rights. 24 7.7 Tax Treatment of Acquisitions of Interests by Company..........................................24 ARTICLE 8
Loss of Voting Rights. Whenever the vote, consent or decision of a Limited Partner or of the Partners is required or permitted pursuant to this Agreement, except as required by the Partnership Act and pursuant to Section 13.2(b), a Defaulting Limited Partner shall not be entitled to participate in such vote or consent, or to make such decision, and such vote, consent or decision shall be tabulated or made as if such Defaulting Limited Partner were not a Partner.
Loss of Voting Rights. If an Event of Default by a Party has occurred under Section 16.01(a), Section 16.01(g) due to the failure of the ON Line Security Interest or GB Segment Security Interest to be valid, legal, perfected and in full force and effect, or Section 16.01(b) with respect to the failure to provide the other Parties with their respective Capacity Entitlements, without limiting any other rights that the non-defaulting Parties might have, for so long as such Event of Default remains outstanding (i) the defaulting Party’s Authorized Representatives shall not have any right to decide, approve, authorize or vote on any matters before the Management Committee and (ii) the other Party’s Authorized Representatives shall be entitled to represent the defaulting Party with respect to all matters before the Management Committee and the quorum requirements under Section 8.01(f) shall be deemed satisfied.
Loss of Voting Rights. Notwithstanding anything to the contrary set forth in this Agreement, but subject to the proviso in Section 12.6, upon the occurrence (and during the continuance) of a Default of a Member or as set forth in Section 8.1(b),
(i) such Defaulting Member, all of such Defaulting Member’s Affiliates that are Members, and the Managers appointed by such Defaulting Member or its Affiliates shall not be permitted to consent to or vote directly on any matter to be consented to or voted on by the Board, any Manager or the Members, and the Non-Defaulting Members and their Managers shall have the sole right to consent to, vote on and otherwise participate in or make any decisions with respect to all matters to be voted on or consented to by the Members and the Board, and
(ii) the Construction Management Representative of such Defaulting Member (and all of such Defaulting Member’s Affiliates that are Members) shall not be permitted to consent to or vote directly on any matter to be consented to or voted on by a Construction Management Committee, and the Construction Management Representatives of the Non-Defaulting Members shall have the sole right to consent to, vote on and otherwise participate in or make any decisions with respect to all matters to be voted on or consented to by a Construction Management Committee.
Loss of Voting Rights. The voting rights of the defaulting Member, and the voting rights of the directors on the Mercy Maricopa Board of Directors appointed or named by the defaulting Member, shall be suspended until the defaulting Member cures the default. No default shall be deemed to exist, and no remedy shall be implemented, unless and until the party alleged to be in default has been given written notice specifying the default and a proposed cure, and such party has been given at least ten days to cure such alleged default to the reasonable satisfaction of the party sending such written notice, except with respect to any default that cannot, by its nature, be cured within ten days, and in such case, the time for cure shall be deemed extended to a time that is reasonable under the circumstances, so long as the party alleged to be in default is working diligently to cure such default throughout that time. Additionally, the parties hereby waive and covenant not to seek recovery for any consequential, special, punitive, speculative or other damages arising from any breach of this Agreement, but shall instead be entitled to recover only the actual damages suffered by such party as a result of the breach.
