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.
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Samples: Limited Liability Company Agreement (TIAA-CREF U.S. Real Estate Fund I, L.P.), Limited Liability Company Agreement (TIAA-CREF U.S. Real Estate Fund I, L.P.)
Prevention of Transfer. If the Managers Venture 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 9.2 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 Interests in violation of Section 6.29.2, the Managers Venture 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 limitation, refusing to give effect to such Transfer on the books of the REIT Venture or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (b), (c), (d), (e), (f) or (fg) of Section 6.2 9.2 shall automatically result in the designation and treatment described in Section 6.39.3, irrespective of any action (or non-action) by the ManagersVenture.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc), Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc)
Prevention of Transfer. If the Managers Venture 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 9.2 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 Interests in violation of Section 6.29.2, the Managers Venture 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 limitation, refusing to give effect to such Transfer on the books of the REIT Venture or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (b), (c), (d), (e), (f) or (fg) of Section 6.2 9.2 shall automatically result in the designation and treatment described in Section 6.39.3, irrespective of any action (or non-actionnon‑action) by the ManagersVenture.
Appears in 1 contract
Samples: Limited Partnership Agreement (Behringer Harvard Multifamily Reit I Inc)
Prevention of Transfer. If the Managers Manager 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 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 Manager 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 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), (f), (g) or (fh) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.3, irrespective of any action (or non-actionnon‑action) by the ManagersManager.
Appears in 1 contract
Samples: Limited Partnership Agreement (Behringer Harvard Multifamily Reit I Inc)
Prevention of Transfer. If the Managers Venture 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 10.2 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 Interests in violation of Section 6.210.2, the Managers Venture 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 limitation, refusing to give effect to such Transfer on the books of the REIT Venture or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (bSection 10.2(b), (c), (d), (e) or (f) of Section 6.2 shall automatically result in the designation and treatment described in Section 6.310.3, irrespective of any action (or non-action) by the ManagersVenture.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Behringer Harvard Multifamily Reit I Inc)
Prevention of Transfer. If the Managers Manager 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 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 Manager 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 limitation, refusing to give effect to such Transfer on the books of the REIT Company or instituting proceedings to enjoin such Transfer; provided, however, that any Transfers or attempted Transfers in violation of paragraph (b), (c), (d), (e), (f), (g) or (fh) 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 ManagersManager.
Appears in 1 contract
Samples: Limited Partnership Agreement (Inland Real Estate Corp)