Common use of Prevention of Transfer Clause in Contracts

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 Company the Manager or its designee shall at any time determine in good faith that a Transfer has taken place in violation of Section 5.2(a) 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 Membership Interests Units in violation of Section 5.2(a)6.2, Company the Manager 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 towithout limitation, refusing to give effect to such Transfer on the books of Company 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 5.2(a) 6.2 shall automatically result in the designation and treatment described in Section 5.2(b)6.3, irrespective of any action (or non-action) by Companythe Manager.