Common use of Partnership Capitalization Clause in Contracts

Partnership Capitalization. The Transferor Partnership Agreement (i) is the only agreement among the partners relating to the organization, operation, or management of the Transferor Partnership, (ii) is in full force and effect and (iii) has not been amended or modified. Exhibit I sets forth an accurate and complete list of the names of all of the Transferor Partners and the Transferor Partners' respective partnership interests in the Transferor Partnership. Except as set forth on Exhibit I, no other person or party owns any partnership interest in the Transferor Partnership. Except as set forth on Schedule 5.04, no Transferor Partner is in default with respect to any capital contribution required to be paid by him or it pursuant to the Transferor Partnership Agreement. A true, correct and complete copy of the Transferor Partnership Agreement is attached hereto as Exhibit II. The Transferor Partnership has no commitment to issue any right to purchase or acquire or to issue or distribute to any of the Transferor Partners, any evidences of indebtedness or assets; and the Transferor Partnership has no obligation, contingent or otherwise, to purchase, redeem or otherwise acquire any interest in the Transferor Partnership or any interest therein or to make any distribution in respect thereof.

Appears in 9 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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Partnership Capitalization. The Transferor Partnership Agreement (i) is the only agreement among the partners relating to the organization, operation, or management of the Transferor Partnership, (ii) is in full force and effect and (iii) has not been amended or modified. Exhibit I sets forth an accurate and complete list of the names of all of the Transferor Partners Partners, and the Transferor Partners' respective partnership interests in the Transferor Partnership. Except as set forth on Exhibit I, no other person or party owns any partnership interest in the Transferor Partnership. Except as set forth on Schedule 5.04, no Transferor Partner is in default with respect to any capital contribution required to be paid by him or it pursuant to the Transferor Partnership Agreement. A true, correct and complete copy of the Transferor Partnership Agreement is attached hereto as Exhibit II. The Transferor Partnership has no commitment to issue any right to purchase or acquire or to issue or distribute to any of the Transferor Partners, any evidences of indebtedness or assets; and the Transferor Partnership has no obligation, contingent or otherwise, to purchase, redeem or otherwise acquire any interest in the Transferor Partnership or any interest therein or to make any distribution in respect thereof.

Appears in 8 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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