Common use of No Action for Dissolution Clause in Contracts

No Action for Dissolution. The Members acknowledge that irreparable damage would be done to the goodwill and reputation of the Company if any Member should bring an action in court to dissolve the Company under circumstances where dissolution is not required by Section 10.1. Accordingly, except where the Managers have failed to liquidate the Company as required by Section 10.1 and except as specifically provided in Section 18-802 and Section 18-803(a) of the Act, each Member hereby to the fullest extent permitted by law waives and renounces his right to initiate legal action to seek dissolution of the Company or to seek the appointment of a receiver or trustee to wind up the affairs of the Company, except in the cases of fraud, violation of law, bad faith, gross negligence, willful misconduct or willful violation of this Agreement.

Appears in 3 contracts

Samples: Operating Agreement (Chiles Offshore LLC), Operating Agreement (Seacor Smit Inc), Operating Agreement (Chiles Magellan LLC)

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No Action for Dissolution. The Members acknowledge that irreparable damage would be done to the goodwill and reputation of the Company if any Member should bring an action in court to dissolve the Company under circumstances where dissolution is not required by Section 10.1. Accordingly, except where the Managers have Manager has failed to liquidate the Company as required by Section 10.1 and except as specifically provided in Section 18-802 and Section 18-803(a) of the Act, each Member hereby to the fullest extent permitted by law waives and renounces his right to initiate legal action to seek dissolution of the Company or to seek the appointment of a receiver or trustee to wind up the affairs of the Company, except in the cases of fraud, violation of law, bad faith, gross negligence, willful misconduct or willful violation of this Agreement.

Appears in 3 contracts

Samples: Operating Agreement (Greenmarine Acquisition Corp), Operating Agreement (Duberstein Gary K), Operating Agreement (Seacor Smit Inc)

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No Action for Dissolution. The Members acknowledge that irreparable ------------------------- damage would be done to the goodwill and reputation of the Company if any Member should bring an action in court to dissolve the Company under circumstances where dissolution is not required by Section 10.1. Accordingly, except where the Managers have ------------ Board has failed to liquidate cause the liquidation of the Company as required by Section ------- 10.1 and except as specifically provided in Section 18-802 and Section 18-803(a) of the Act802, each Member hereby ---- to the fullest extent permitted by law waives and renounces his right to initiate legal action to seek dissolution of the Company or to seek the appointment of a receiver or trustee to wind up the affairs of the Company, except in the cases of fraud, violation of law, bad faith, gross negligence, willful misconduct or willful violation of this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp)

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