Common use of Waiver of Partition; Nature of Interest Clause in Contracts

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal property.

Appears in 17 contracts

Samples: Limited Liability Comp Any Agreement (Public Service Electric & Gas Co), Limited Liability Company Agreement (CIT Group/Corporate Aviation, Inc.), Limited Liability Company Agreement (CIT Group/Corporate Aviation, Inc.)

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Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 ARTICLE XIII hereof. The interest of the Members Member in the Company is personal property.

Appears in 15 contracts

Samples: Limited Liability Company Operating Agreement (Dynegy Power, LLC), Limited Liability Company Operating Agreement (Dynegy Power, LLC), Original LLC Agreement (Dynegy Power, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no . Each Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal propertyproperty of the Member holding such Member interest.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Urban One, Inc.), Limited Liability Company Agreement (LiveWatch Security, LLC), Limited Liability Company Agreement (Urban One, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal property.

Appears in 9 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Hempacco Co., Inc.), Limited Liability (CERES Coin LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such the Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the Members Member in the Company is personal property.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (Chase Card Funding LLC), Limited Liability Company Agreement (Chase Issuance Trust), Royalty Participation Agreement (Elan Corp PLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest of the Members Member in the Company is personal property.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (University Club, Inc. (FL)), Limited Liability Company Agreement (University Club, Inc. (FL)), Limited Liability Company Agreement (University Club, Inc. (FL))

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such the Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Collegiate Funding of Delaware LLC), Limited Liability Company Agreement (Chec Funding LLC), Limited Liability Company Agreement (Terwin Securitization LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 Article XV hereof. The interest of the Members Member in the Company is personal property.

Appears in 6 contracts

Samples: Limited Liability Company Operating Agreement (Dynegy Morro Bay, LLC), Limited Liability Company Operating Agreement (Dynegy Morro Bay, LLC), Limited Liability Company Operating Agreement (Dynegy Morro Bay, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member it might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the Members Member in the Company is personal property.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (JCP&L Transition Funding II LLC), Limited Liability Company Agreement (RSB Bondco LLC), Limited Liability Company Agreement (Jcp&l Transition Funding LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 ARTICLE XV hereof. The interest of the Members Member in the Company is personal property.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Dynegy Morro Bay, LLC), Dynegy Morro Bay, LLC, Dynegy Morro Bay, LLC

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor creditors with respect to any distribution pursuant to Section 16 14 hereof. The interest percentage interests of the Members in the Company is are personal property.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Allegheny Energy Inc), Limited Liability Company Agreement (Allegheny Energy Inc), Limited Liability Company Agreement (Allegheny Energy Supply Co LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by lawLaw, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law Law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any ownership interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members each Member in the Company is personal property.

Appears in 3 contracts

Samples: Management Agreement (Oncor Electric Delivery Co LLC), Limited Liability Company Agreement, Limited Liability Company Agreement

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 3 contracts

Samples: Operating Agreement, Single Member Limited Liability Company Operating Agreement, Operating Agreement

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members each Member in the Company is personal property.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (HF Enterprises Inc.), Limited Liability Company Agreement (HF Enterprises Inc.), Limited Liability Company Agreement (SeD Intelligent Home Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof1.6. The interest of the Members in the Company is personal property.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Niguel Energy Co), Limited Liability Company Agreement (Niguel Energy Co), Limited Liability Company Agreement (Niguel Energy Co)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member the Members and any additional member admitted to the Company hereby irrevocably waives waive any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 ARTICLE XIII hereof. The interest interests of the Members in the Company is are personal property.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Dynegy Power, LLC), Limited Liability Company Operating Agreement (Dynegy Power, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 12.11 hereof. The interest of the Members in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (CBL/Regency I, LLC), Limited Liability Company Agreement (CBL/Regency I, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member of the Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members a Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Safeway Stores 42, Inc.), Limited Liability Company Agreement (Safeway Stores 42, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any ownership interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the Members each Member in the Company is personal property.

Appears in 2 contracts

Samples: Addendum Agreement (Oncor Electric Delivery Co LLC), Limited Liability Company Agreement (Oncor Electric Delivery Co LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Operating Agreement (Dynegy Morro Bay, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereofdistribution. The interest of the Members each Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Bref Hr, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such the Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 5.03 hereof. The interest Membership Interest of the Members Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (PSNH Funding LLC 3), Limited Liability Company Agreement (PSNH Funding LLC 3)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by lawLaw, each Member of the Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law Law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof9. The interest Interest of the Members any Member in the Company is personal property.

Appears in 2 contracts

Samples: Termination Agreement (NeuroMetrix, Inc.), Limited Liability Company Agreement (NeuroMetrix, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Inland Real Estate Corp), Limited Liability Company Agreement (Inland Real Estate Corp)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 13 hereof. The interest of the Members Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Allegheny Energy Inc), Limited Liability Company Agreement (Allegheny Energy Inc)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each of the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, Company and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Members Member in the Company is personal property.. 134

Appears in 1 contract

Samples: Security Agreement (Versity Invest, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, ; to cause the appointment of a receiver for all or any portion of the assets of the Company, ; to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law law; or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member(s) in the Company is personal property.

Appears in 1 contract

Samples: Liability Company Agreement (Coca-Cola European Partners Us, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each of the Member and any Special Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability (Fixed Income Client Solutions LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law law, or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (San Juan Refining Co.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by lawLaw, each Member of the Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law Law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof9. The interest Interest of the Members any Member in the Company is personal property. 20.

Appears in 1 contract

Samples: Termination Agreement (NeuroMetrix, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each law the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofhereunder. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CBL/Regency I, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member of the Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No A Member shall not have any interest in any specific assets of the Company, and no the a Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Class A Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Freedom Depository LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal property. 26.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Pg&e Funding LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member of the Member, the Special Member, and the Springing Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cedar Shopping Centers Inc)

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Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 19 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Pseg Energy Holdings LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CIT Group/Corporate Aviation, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property. 26.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Inland Real Estate Corp)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereofbe received from the Company. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Purchase Agreement (Victory Acquisition Corp)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member of the Members and the Manager hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofthis Agreement. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each of the Member and the Special Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 5.1 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CBL/Regency I, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest interests of the Members in the Company is are personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member of the Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 5.1 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CBL & Associates Limited Partnership)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such the Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cinergy Corp)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Members a Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (GE Capital Funding, LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each of the Member and the Special Members hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 5.1 hereof. The interest of the Members Member in the Company is personal property.. 12.9

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Comstock Holding Companies, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member the Members hereby irrevocably waives waive any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 Article IV hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Kennedy-Wilson Properties (IL))

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof16. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Capmark Finance Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member and each Special Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (APX Group Holdings, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this LLC Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Carter Validus Mission Critical REIT, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law law, or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up up, or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sierra Pacific Power Co)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, and to the fullest extent permitted by law, each Member hereby irrevocably waives any right or power that such Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member shall have any interest in any specific assets of the Company, and no Member shall have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Intertape Woven Products Services S.A. De C.V.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such Member it might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Gpu Inc /Pa/)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each the Member hereby irrevocably waives any right or power that such the Member might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Monogram Residential Trust, Inc.)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No The Member shall not have any interest in any specific assets of the Company, and no the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 12 hereof. The interest of the Members Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Allegheny Energy Inc)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, each Member of the Members and any additional member admitted to the Company hereby irrevocably waives any right or power that such Member Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Operating Agreement

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this LLC Agreement, to the fullest extent permitted by law, each Member the Members hereby irrevocably waives waive any right or power that such Member the Members might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. No Member The Members shall not have any interest in any specific assets of the Company, and no Member the Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofdistribution. The interest of the Members in the Company is personal property.

Appears in 1 contract

Samples: Gutbusters Pty LTD

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