Mandatory Repurchases. The Board may cause the Company to repurchase the Shares of a Member or of any person acquiring such Shares from or through a Member in the event that the Board determines or has reason to believe that, among other things: (a) all or part of such Shares have been transferred in violation of this Agreement or such Shares have vested in any person by operation of law as a result of the death, dissolution, bankruptcy or incompetency of a Member; (b) ownership of such Shares by such Member or other person will cause the Company to be in violation of, or subject the Company or any Member to additional registration or regulation under the securities, commodities, or other laws of the U.S. or any other relevant jurisdiction; (c) continued ownership of such Shares may be harmful or injurious to the business or reputation of the Company, or may subject the Company or any Members to an undue risk of adverse tax or other fiscal consequences; or (d) any representation or warranty made by a Member in connection with the acquisition of its Shares was not true when made or has ceased to be true.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Limited Liability Company Agreement (Versus Capital Real Assets Fund LLC), Limited Liability Company Agreement (Versus Capital Real Assets Fund LLC)
Mandatory Repurchases. The Board Board, in its sole discretion, may cause the Company to repurchase the Shares of a Member or of any person acquiring such Shares from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(a) all or part of such Shares have been transferred in violation of this Agreement or such Shares have vested in any person by operation of law as a result of the death, dissolution, bankruptcy or incompetency of a Member;
(b) ownership of such Shares by such Member or other person will cause the Company to be in violation of, or subject the Company or any Member to additional registration or regulation under the securities, commodities, or other laws of the U.S. or any other relevant jurisdiction;
(c) continued ownership of such Shares may be harmful or injurious to the business or reputation of the Company, or may subject the Company or any Members to an undue risk of adverse tax or other fiscal consequences; or
(d) any representation or warranty made by a Member in connection with the acquisition of its Shares was not true when made or has ceased to be true.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Versus Capital Real Assets Fund LLC), Limited Liability Company Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC)
Mandatory Repurchases. The Board may cause the Company to repurchase the Shares of a Member or of any person acquiring such Shares from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(a) all or part of such Shares have been transferred in violation of this Agreement or such Shares have vested in any person by operation of law as a result of the death, dissolution, bankruptcy or incompetency of a Member;
(b) ownership of such Shares by such Member or other person will cause the Company to be in violation of, or subject the Company or any Member to additional registration or regulation under the securities, commodities, or other laws of the U.S. or any other relevant jurisdiction;
(c) continued ownership of such Shares may be harmful or injurious to the business or reputation of the Company, or may subject the Company or any Members to an undue risk of adverse tax or other fiscal consequences; or;
(d) any representation or warranty made by a Member in connection with the acquisition of its Shares was not true when made or has ceased to be true; or
(e) it would be in the best interests of the Company for the Company to cause a mandatory repurchase of such Shares.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC)
Mandatory Repurchases. The Board may cause the Company to repurchase the Shares of a Member or of any person acquiring such Shares from or through a Member in the event that the Board determines or has reason to believe that, among other things:
: (a) all or part of such Shares have been transferred in violation of this Agreement or such Shares have vested in any person by operation of law as a result of the death, dissolution, bankruptcy or incompetency of a Member;
; (b) ownership of such Shares by such Member or other person will cause the Company to be in violation of, or subject the Company or any Member to additional registration or regulation under the securities, commodities, or other laws of the U.S. or any other relevant jurisdiction;
; (c) continued ownership of such Shares may be harmful or injurious to the business or reputation of the Company, or may subject the Company or any Members to an undue risk of adverse tax or other fiscal consequences; or
or (d) any representation or warranty made by a Member in connection with the acquisition of its Shares was not true when made or has ceased to be true.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Versus Capital Real Assets Fund LLC)
Mandatory Repurchases. The Board may cause the Company to repurchase the Shares of a Member or of any person acquiring such Shares from or through a Member in the event that the Board determines or has reason to believe that, among other things:
(a) all or part of such Shares have been transferred in violation of this Agreement or such Shares have vested in any person by operation of law as a result of the death, dissolution, bankruptcy or incompetency of a Member;
(b) ownership of such Shares by such Member or other person will cause the Company to be in violation of, or subject the Company or any Member to additional registration or regulation under the securities, commodities, or other laws of the U.S. or any other relevant jurisdiction;
(c) continued ownership of such Shares may be harmful or injurious to the business or reputation of the Company, or may subject the Company or any Members to an undue risk of adverse tax or other fiscal consequences; oror 17
(d) any representation or warranty made by a Member in connection with the acquisition of its Shares was not true when made or has ceased to be true.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC)