Common use of Prevention of Transfer Clause in Contracts

Prevention of Transfer. If the Venture or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 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 Interests in violation of Section 9.2, the Venture or its designee 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 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 (g) Section 9.2 shall automatically result in the designation and treatment described in Section 9.3, irrespective of any action (or non-action) by the Venture.

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)

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Prevention of Transfer. If the Venture Manager or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 9.2 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 Interests Units in violation of Section 9.26.2, the Venture Manager or its designee 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 Venture 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 (gh) of Section 9.2 6.2 shall automatically result in the designation and treatment described in Section 9.36.3, irrespective of any action (or non-action) by the VentureManager.

Appears in 1 contract

Samples: Limited Partnership Agreement (Inland Real Estate Corp)

Prevention of Transfer. If the Venture or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 9.2 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 Interests in violation of Section 9.210.2, the Venture or its designee 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 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) or (g) Section 9.2 shall automatically result in the designation and treatment described in Section 9.310.3, irrespective of any action (or non-action) by the Venture.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc)

Prevention of Transfer. If the Venture or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 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 Interests in violation of Section 9.2, the Venture or its designee 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 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 (g) of Section 9.2 shall automatically result in the designation and treatment described in Section 9.3, irrespective of any action (or non-actionnon‑action) by the Venture.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc)

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Prevention of Transfer. If the Venture Manager or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 9.2 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 Interests Units in violation of Section 9.26.2, the Venture Manager or its designee 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 Venture 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 (gh) of Section 9.2 6.2 shall automatically result in the designation and treatment described in Section 9.36.3, irrespective of any action (or non-actionnon‑action) by the VentureManager.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Multifamily Reit I Inc)

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