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, the Member hereby irrevocably waives any right or power that such Person might have 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 15 hereof. The interest of the Member in the Company is personal property.

Appears in 14 contracts

Samples: Limited Liability Company Agreement (2420 Lakemont Avenue MM, LLC), Limited Liability Company Agreement (2420 Lakemont Avenue MM, LLC), Limited Liability Company Agreement (2420 Lakemont Avenue MM, LLC)

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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 of the Member and the Special Members hereby irrevocably waives any right or power that such Person might have 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 15 16 hereof. The interest of the Member in the Company is personal property.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Limited Liability Company Agreement (Capital One Auto Receivables LLC), Limited Liability Company Agreement (NISSAN AUTO RECEIVABLES Co II 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 might have 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 15 16 hereof. The interest of the Member in the Company is personal property.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Agreement (Bluerock Residential Growth REIT, Inc.), Limited Liability Company Agreement (Bluerock Residential Growth REIT, 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 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 15 13 hereof. The interest of the Sole Member in the Company is personal property.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.), Purchase and Sale Agreement (KBS 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, each of the Member Member, the Manager and the Independent Managers hereby irrevocably waives any right or power that such Person might have 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 15 16 hereof. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (NovaStar Certificates Financing 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 might have to institute cause the Company or any proceeding at law or in equity of its assets to be partitioned, to cause the dissolution, liquidation, winding up appointment of a receiver for all or termination any portion of the assets of the Company, or to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law. 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 15 hereofthis Agreement. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Beazer Homes Texas Lp

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, the Member Manager and each Member, hereby irrevocably waives any right or power that such Person might have 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 15 12 hereof. 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.)

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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 of the Member and the Special Member hereby irrevocably waives any right or power that such Person might have 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 15 16 hereof. The interest of the Member 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 of the Member and each Special Member and Independent Manager hereby irrevocably waives any right or power that such Person might have 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 15 19 hereof. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (International Paper Co /New/)

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 they might have 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 15 12(a) hereof. The interest of the Member Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Lightstone Real Estate Income 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 might have 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 nor shall any Member shall not have the status of a creditor with respect to any distribution pursuant to Section 15 hereof13. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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