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 (solely in its capacity as such) hereby irrevocably waives any right or power that such Member or Special 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 the fullest extent permitted by applicable law, 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. Neither the Member nor Special Member shall have any interest in any specific assets of the Company, and neither the Member nor Special Member shall have the status of creditor with respect to any distribution pursuant to this Agreement. The interest of the Member or Special Member in the Company is personal property.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (John Deere Receivables LLC), Limited Liability Company Agreement (Ally Auto Assets LLC), Limited Liability Company Agreement (Carvana Receivables Depositor LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement and subject to compliance with the requirements of the Collaboration Agreement, to the fullest extent permitted by law, each of the Member and the Special Member (solely in its capacity as such) Members hereby irrevocably waives any right or power that such the Member or the Special Member 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 the fullest extent permitted by 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. Neither Each of the Member nor and the Special Member Members shall not have any interest in any specific assets of the Company, and neither the Member nor the Special Member Members shall have the status of a creditor with respect to any distribution pursuant to this AgreementSection 17 hereof. The interest of the Member or Special Member in the Company is personal property.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Theravance Inc)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement and subject to compliance with the requirements of the TRC LLC Agreement, to the fullest extent permitted by law, each of the Member and the Special Member (solely in its capacity as such) Members hereby irrevocably waives any right or power that such the Member or the Special Member 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 the fullest extent permitted by 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. Neither Each of the Member nor and the Special Member Members shall not have any interest in any specific assets of the Company, and neither the Member nor the Special Member Members shall have the status of a creditor with respect to any distribution pursuant to this AgreementSection 17 hereof. The interest of the Member or Special Member in the Company is personal property.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Theravance Biopharma, Inc.), Limited Liability Company Agreement (Theravance Biopharma, 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 agrees (and the Special Independent Manager agrees, by executing the counterpart to this Agreement) that each such Member (solely in its capacity as such) hereby or Independent Manager irrevocably waives any right or power that such Member or Special 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 the fullest extent permitted by 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. Neither the Member nor Special Member The Members shall not have any interest in any specific assets of the Company, and neither the Member nor Special Member Members shall not have the status of a creditor with respect to any distribution to Common Members pursuant to this AgreementSection 12 hereof. The interest of the Member or Special Member Members in the Company is personal property.
Appears in 1 contract
Samples: Limited Liability Company Agreement