Common use of Partition Clause in Contracts

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 14 contracts

Samples: Limited Liability Company Agreement (Federated National Holding Co), Limited Liability Company Agreement (American Realty Capital Hospitality Trust, Inc.), Limited Liability Company Agreement (American Realty Capital Hospitality Trust, Inc.)

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Partition. The Members hereby agree that no Member No Member, nor any successor-in-interest to any Member Member, shall have the right right, while this Operating Agreement remains in effect, to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Memberof the Members, on behalf of himself, his itself and its successors, representatives, heirs representatives and assigns, hereby irrevocably waives any such right.

Appears in 6 contracts

Samples: Operating Agreement (Crown Castle International Corp), Operating Agreement (Crown Castle International Corp), Operating Agreement (Crown Castle International Corp)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right right, while this Agreement remains in effect, to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Archipelago Holdings L L C), Limited Liability Company Agreement (Idt Corp), Limited Liability Company Agreement (Idt Corp)

Partition. The Members hereby agree that no Member Members, nor any successor-in-successor in interest to of any Member Members, shall have the right to have the property of the Company assets partitioned, or to file a complaint or institute any proceeding at proceedings of law or in equity to have the property of the a Company asset partitioned, and each Member, on behalf of himselfitself, his successors, representatives, heirs its successors and assigns, hereby waives any such rightrights.

Appears in 5 contracts

Samples: Operating Agreement (Bloomin' Brands, Inc.), Operating Agreement (Osi Restaurant Partners, LLC), Operating Agreement (Osi Restaurant Partners, LLC)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property of the Company Assets partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company Assets partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (New York REIT, Inc.), Membership Interest Purchase Agreement (New York REIT, Inc.), Contribution Agreement (Maguire Properties Inc)

Partition. The Members hereby agree that no Member nor any successor-in-in- interest to any Member shall have the right right, while this Agreement remains in effect, to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (New Home Co LLC), Limited Liability Company Operating Agreement (Wellsford Real Properties Inc), Limited Liability Company Operating Agreement (Wellsford Real Properties Inc)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himselfitself, his its successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Magnum Hunter Resources Corp), Limited Liability Company Agreement (Maui Land & Pineapple Co Inc), Limited Liability Company Agreement (PH Holding LLC)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.. (Remainder of page intentionally left blank)

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (CNL Growth Properties, Inc.)

Partition. The Members hereby agree that no Member nor any successor-in-interest successor‑in‑interest to any Member shall have the right to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Hospitality Investors Trust, Inc.), Limited Liability Company Agreement (Apple REIT Ten, Inc.)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Substitute Member shall have the right right, while this Agreement remains in effect, to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himselfitself, his its successors, representatives, heirs representatives and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Commscope Inc)

Partition. The Members members hereby agree that no Member member, nor any successor-in-interest successor to any Member member, shall have the right while this Agreement remains in effect to have the any property of the Company partitioned, or to file a complaint or institute any proceeding proceedings at law or in equity to have the property of the Company partitioned, and and, to the fullest extent permitted by law, each Membermember, on behalf of himself, his successors, representatives, heirs itself and assignsits successors in interest, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Partition. The Members hereby agree that no Member nor any successor-in-successor in interest to any Member shall have the right to have the property of the any Company Asset partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the any Company Asset partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Plymouth Industrial REIT Inc.)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property of the any Company Asset partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the any Company Asset partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Foursquare Capital Corp)

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Partition. The Members hereby agree that no Member nor any successor-in-successor in interest to any Member shall have the right right, while this Agreement remains in effect, to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himselfitself, his its successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Operating Agreement (Biolife Solutions Inc)

Partition. The Members hereby agree that no No Member nor any successor-in-interest to any Member shall have has the right to have the property of the Company or any Subsidiary partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company or any Subsidiary partitioned, and each Member, on behalf of himselfitself, his its successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hyatt Hotels Corp)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any No Member shall have the right exercise its rights, if any, to have the property any Property of the Company partitioned, or to file a complaint or to institute any suit, action or proceeding at law or in equity to have the property of the Company such Property partitioned, and each Member, on behalf of himselfitself, his successors, representatives, heirs its successors and its assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cancer Genetics, Inc)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member Member, shall have the right while this Agreement remains in effect to have the any property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the any property of the Company partitioned, and each Member, on behalf of himselfitself, his its successors, representatives, heirs heirs, and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Operating Agreement (Zoom Technologies Inc)

Partition. The Members hereby agree that no Member nor or any successor-in-interest to any Member shall have the right to have the property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hilltop Holdings Inc.)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have the right to have the property any of the Company Assets partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property any of the Company Assets partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Glimcher Realty Trust)

Partition. The Members hereby agree that no Member nor any successor-in-interest to any Member shall have has the right to have the property any of the Company Facilities partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property any of the Company Facilities partitioned, and each Member, on behalf of himself, his successors, representatives, heirs and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Summit Healthcare REIT, Inc)

Partition. The Members hereby agree that no Member Member, nor any successor-in-successor in interest to any Member Member, shall have the right while this Agreement remains in effect to have the Company property of the Company partitioned, or to file a complaint or institute any proceeding at law or in equity to have the property of the Company partitioned, and each Member, Member on behalf of himself, his successors, representatives, heirs successors in title and assigns, hereby waives any such right.

Appears in 1 contract

Samples: Operating Agreement (Starcraft Corp /In/)

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