Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 19 contracts
Samples: Receivables Purchase Agreement (Insight Enterprises Inc), Limited Liability Company Operating Agreement (University Club, Inc. (FL)), Limited Liability Company Operating 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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member Members in the Company is personal property.
Appears in 17 contracts
Samples: Limited Liability Company Agreement (Public Service Electric & Gas Co), Limited Liability Company Agreement (CIT Group/Corporate Aviation, Inc.), Limited Liability Company Agreement (CIT Group/Corporate Aviation, Inc.)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 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), Limited Liability Company Operating 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, the each Member hereby irrevocably waives any right or power that such 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. The No Member shall not have any interest in any specific assets of the Company, and the . Each Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member 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, the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 9 contracts
Samples: Operating Agreement, 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, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Hempacco Co., Inc.), Limited Liability Company Agreement (CERES Coin LLC), Operating Agreement
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (University Club, Inc. (FL)), Operating 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 To the fullest extent permitted by law, the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 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, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Terwin Securitization LLC), Limited Liability Company Agreement (Chec Funding LLC), Limited Liability Company Agreement (Collegiate Funding of Delaware LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 4 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, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 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 the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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 law, the each Member hereby irrevocably waives any right or power that such 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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 lawLaw, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any ownership interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the each Member in the Company is personal property.
Appears in 3 contracts
Samples: Limited Liability Company 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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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 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. The Member shall not have any interest in any specific assets of the Company, and 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 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 the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofdistribution. The interest of the 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 To the fullest extent permitted by law, each of the Member and the Special Members hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (CBL/Regency I, LLC), 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 of the Member Members hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 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 To the fullest extent permitted by law, the Member and any additional member admitted to the Company hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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 To the fullest extent permitted by law, the Member Members and any additional member admitted to the Company hereby irrevocably waives waive any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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 the fullest extent permitted by lawLaw, each of the Member Members hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof9. The interest Interest of the 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 To the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any ownership interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the each Member in the Company is personal property.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Oncor Electric Delivery Co LLC), Contribution and Subscription 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 of the Member Members and the Manager hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofthis Agreement. The interest of the Member 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, and to the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member 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, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 1 contract
Samples: Merger Agreement (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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 19 hereof. The interest of the Member 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, the Member Members hereby irrevocably waives waive any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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, the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof16. The interest of the 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 Sole Member hereby irrevocably waives any right or power that such Person 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. The Sole Member shall not have any interest in any specific assets of the Company, and the Member nor shall not it have the status of a creditor with respect to any distribution pursuant to Section 16 17 hereof. The interest of the Sole Member in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member Members 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 of the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and 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 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 the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Member 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 of the Member Members hereby irrevocably waives any right or power that such 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. The A Member shall not have any interest in any specific assets of the Company, and 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 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 LLC Agreement, to the fullest extent permitted by law, the Member Members hereby irrevocably waives waive any right or power that such Person 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofdistribution. The interest of the Member Members in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Gutbusters Pty LTD)
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 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. The Member shall not have any interest in any specific assets of the Company, Company and 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 Member in the Company is personal property.
Appears in 1 contract
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, law the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofhereunder. The interest of the 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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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 LLC Agreement, to the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the Member 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 To the fullest extent permitted by law, each of the Member hereby Stockholders irrevocably waives any right or power that such 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. The Member Stockholder shall not have any interest in any specific assets of the Company, and the Member Stockholder shall not have the status of a creditor with respect to any distribution pursuant to Section 16 25 hereof. The interest of the Member Stockholder in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (BMO Commercial Mortgage Securities 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 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (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, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofbe received from the Company. The interest of the Member Members in the Company is personal property.
Appears in 1 contract
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the 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 law, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member 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 the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member 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, to the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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 the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such 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 ant,β 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. The Member shall does not have any interest in any specific assets of the Company, and the Member shall will not have the status of a creditor with respect to any distribution pursuant to Section 16 14 (Distributions) hereof. The interest of the Member in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (DTWC Spokane City Center SPE, LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to To the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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 fde a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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 To the fullest extent permitted by law, each of the Member Members and any additional member admitted to the Company hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 15 hereof. The interest of the Member 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 Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 1 contract
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such 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. The No Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member Member(s) in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Coca-Cola European Partners Us, LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the each Member hereby irrevocably waives any right or power that such Person 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. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 14 hereof. The interest of the 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 Members hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member 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 Member 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 To the fullest extent permitted by law, each of the Member Member, the Special Member, and the Springing Members hereby irrevocably waives any right or power that such 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cedar Shopping Centers 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 Members hereby irrevocably waives any right or power that such 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. The Member Members shall not have any interest in any specific assets of the Company, and the Member Members shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest Membership Interest of the Member Members in the Company is personal property.
Appears in 1 contract
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member hereby irrevocably waives any right or power that such Person 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. The Member shall not have any interest in any specific assets of the Company, and 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 Member in the Company is personal property.
Appears in 1 contract
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 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. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement (APX Group Holdings, Inc.)