Common use of Prevention of Transfer Clause in Contracts

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 the Managers Board of Trustees or their its designee or designees shall at any time determine in good faith that a Transfer has taken place in violation of Section 6.2 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 Units Shares in violation of Section 6.27.2, the Managers Board of Trustees or their its designee or designees shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, without limitationbut not limited to, refusing to give effect to such Transfer on the books of the REIT Trust or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph subparagraphs Section 7.2 (b), (c), (d), ) and (e) or (f) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.37.3, irrespective of any action (or non-non- action) by the ManagersBoard of Trustees.

Prevention of Transfer. If the Managers Board of Trustees or their its designee or designees shall at any time determine in good faith that a Transfer has taken place in violation of Section 6.2 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 Units Shares in violation of Section 6.27.2, the Managers Board of Trustees or their its designee or designees shall take such action as it deems advisable to refuse to give effect to or to prevent such Transfer, including, without limitationbut not limited to, refusing to give effect to such Transfer on the books of the REIT Trust or instituting proceedings to enjoin such Transfer; providedPROVIDED, howeverHOWEVER, that any Transfers or attempted Transfers in violation of paragraph subparagraphs Section 7.2 (b), (c), (d), ) and (e) or (f) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.37.3, irrespective of any action (or non-non- action) by the ManagersBoard of Trustees.

Prevention of Transfer. If the Managers Trustees or their designee or designees shall at any time determine in good faith their sole discretion that a Transfer has taken place in violation of Section 6.2 7.2(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 Shares in violation of Section 6.27.2(b), the Managers Trustees or their designee or designees designee(s) shall take such action as it deems they deem 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 Trust or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers Transfer or attempted Transfers in violation of paragraph (b), (c), (d), (eSection 7.2(b)(i) or (f) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.37.2(c), irrespective of any action (or non-action) by the ManagersTrustees.