Common use of Restrictions on General Partner’s Authority Clause in Contracts

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any liability not contemplated herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner.

Appears in 25 contracts

Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.

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Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and the Special Limited Partner, and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 14 contracts

Samples: Agreement (Steadfast Apartment REIT III, Inc.), Agreement (Steadfast Apartment REIT III, Inc.), Steadfast Apartment REIT, Inc.

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any liability not contemplated herein or under the Act; all Partners adversely affected or (ii) enter into such lower percentage of the Partnership Interests held by Limited Partners as may be specifically provided for under a provision of this Agreement or the Act. The preceding sentence shall not apply to any contract, mortgage, loan limitation or other agreement prohibition in this Agreement that prohibits or restricts, or has expressly authorizes the effect of prohibiting or restricting, the ability of a Limited General Partner to exercise take action (either in its rights to a Redemption discretion or in specified circumstances) so long as provided in Section 8.6, except in each case with the written consent General Partner acts within the scope of such Limited Partnerauthority.

Appears in 13 contracts

Samples: Agreement (Education Realty Operating Partnership L P), Freehold Properties, Inc., Agreement (Pillarstone Capital Reit)

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and the Special General Partner, and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 10 contracts

Samples: Form of Agreement (Corporate Property Associates 18 Global Inc), Carey Watermark Investors 2 Inc, Carey Watermark Investors 2 Inc

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent consent of a Majority in Interest of the Outside Limited Partners and may not (i1) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii2) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.. The General Partner may not take any action in contravention of this Agreement, including, without limitation:

Appears in 9 contracts

Samples: Agreement (Feldman Mall Properties, Inc.), Extra Space Storage Inc., ir.extraspace.com

Restrictions on General Partner’s Authority. A. (a) The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent consent of a Majority in Interest of the Outside Limited Partners and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner.

Appears in 8 contracts

Samples: Merger Agreement (Ready Capital Corp), Merger Agreement (ZAIS Financial Corp.), Management Agreement (ZAIS Financial Corp.)

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of all of the Limited Partners and may not (i) perform any act that would subject a including Limited Partner to liability Interests held by the General Partner) (or such lower percentage of the Limited Partners as may be specifically provided for under a general partner in any jurisdiction provision of this Agreement or any liability not contemplated herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner).

Appears in 4 contracts

Samples: Mid-America Apartments, L.P., Colonial Realty Limited Partnership, Colonial Properties Trust

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners Partners, and may not (i) not, without limitation perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction in which the Partnership is formed or does business or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner.

Appears in 4 contracts

Samples: Agreement (Brixmor Property Group Inc.), Agreement (Brixmor Property Group Inc.), Invitation Homes Inc.

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 4 contracts

Samples: MPG Office Trust, Inc., Thomas Properties Group Inc, Thomas Properties Group Inc

Restrictions on General Partner’s Authority. A. (a) The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of a Majority in Interest of the Limited Partners or such other percentage of the Limited Partners as may be specifically provided for under a provision of this Agreement and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner.

Appears in 4 contracts

Samples: NorthStar Realty Europe Corp., NorthStar Realty Europe Corp., Northstar Realty Finance Corp.

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Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners Partners, and may not (i) not, without limitation perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction in which the Partnership is formed or any liability not contemplated does business except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6, except in each case with the written consent of such Limited Partner.

Appears in 3 contracts

Samples: Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP), Agreement (Brixmor Operating Partnership LP)

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent consent of a Majority in Interest of the Outside Limited Partners and may not (i1) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii2) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 2 contracts

Samples: MFResidential Investments, Inc., Ny Credit Corp.

Restrictions on General Partner’s Authority. A. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners Partners, and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 2 contracts

Samples: Sila Realty Trust, Inc., Procaccianti Hotel Reit, Inc.

Restrictions on General Partner’s Authority. A. C. The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent of the Limited Partners and the Special General Partner, and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 1 contract

Samples: Corporate Property Associates 18 Global Inc

Restrictions on General Partner’s Authority. A. (a) The General Partner may not take any action in contravention of an express prohibition or limitation of this Agreement without the written Consent consent of a Majority in Interest of the Outside Limited Partners and may not (i) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability not contemplated except as provided herein or under the Act; Act or (ii) enter into any contract, mortgage, loan or other agreement that prohibits or restricts, or has the effect of prohibiting or restricting, the ability of a Limited Partner to exercise its rights to a Redemption as provided in Section 8.6full, except in each case with the written consent of such Limited Partner.

Appears in 1 contract

Samples: Aviv REIT, Inc.

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