Prevention of Transfer. If the Managers or their designee or designees shall at any time determine in good faith that a Transfer has taken place in violation of Section 6.2 or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Units in violation of Section 6.2, the Managers or their designee or designees shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, without limitation, refusing to give effect to such Transfer on the books of the REIT or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (b), (c), (d), (e) or (f) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.3, irrespective of any action (or non-action) by the Managers.
Prevention of Transfer. If Company shall at any time determine in good faith that a Transfer has taken place in violation of Section 5.2(a) or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Membership Interests in violation of Section 5.2(a), Company shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of Company or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of Section 5.2(a) shall automatically result in the designation and treatment described in Section 5.2(b), irrespective of any action (or non-action) by Company.
Prevention of Transfer. If the Board of Trustees or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 7.2 or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Shares in violation of Section 7.2, the Board of Trustees or its designee shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of the Trust or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of subparagraphs Section 7.2 (b), (c), (d) and (e) shall automatically result in the designation and treatment described in Section 7.3, irrespective of any action (or non- action) by the Board of Trustees.
Prevention of Transfer. If the Board of Directors or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 2 of this Article Thirteenth or that a Person intends to acquire or has attempted to acquire Beneficial Ownership (determined without reference to any rules of attribution) of any Shares in violation of Section 2 of this Article Thirteenth, the Board of Directors or its designee shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of the Corporation or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of Section 2 of this Article Thirteenth shall automatically result in the designation and treatment described in Section 3 of this Article Thirteenth, irrespective of any action (or non-action) by the Board of Directors.
Prevention of Transfer. If the Partnership shall at any time determine in good faith that a Transfer has taken place in violation of Section 5.1(f)(i) or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Partnership Interests in violation of Section 5.1(f)(i), the Partnership shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of the Partnership or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of Section 5.1(f)(i) shall automatically result in the designation and treatment described in Section 5.1(f)(ii), irrespective of any action (or non-action) by the Partnership.
Prevention of Transfer. If the Manager or its designee shall at any time determine in its sole discretion that an Assignment has taken place in violation of Section 10.5(b) or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Units in violation of Section 10.5(b), the Manager or its designee shall take such action as it deems advisable to refuse to give effect to or to prevent such Assignment, including, without limitation, refusing to give effect to such Assignment on the books of the Company or instituting proceedings to enjoin such Assignment; provided, however, that any Assignments or attempted Assignments in violation of Section 10.5(b)(i) shall automatically result in the designation and treatment described in Section 10.5(c), irrespective of any action (or non-action) by the Manager.
Prevention of Transfer. If the General Partner shall at any time determine in good faith that a Transfer has taken place in violation of Section 8.2(f)(i) or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership or Constructive Ownership of any Interests in violation of Section 8.2(f)(i), the General Partner shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of the Partnership or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (B) or (C) of Section 8.2(f)(i) shall automatically result in the designation and treatment described in Section 8.2(f)(ii), irrespective of any action (or non-action) by the General Partner.
Prevention of Transfer. If the Board of Managers or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 2 of this Schedule A or that a Person intends to acquire or has attempted to acquire beneficial ownership (determined without reference to any rules of attribution) or Beneficial Ownership of any Units or Preferred Units of the Fund in violation of Section 2 of this Schedule A, the Board of Managers or its designee shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, but not limited to, refusing to give effect to such Transfer on the books of the Fund or instituting proceedings to enjoin or rescind such Transfer.
