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 Sole Member hereby irrevocably waives any right or power that the Sole 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 Sole Member shall not have the status of a creditor with respect to any distribution pursuant to Section 5.03 hereof. The Membership Interest of the Sole Member in the Company is personal property.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (PSNH Funding LLC 2), Limited Liability Company Agreement (PSNH Funding LLC 2), Limited Liability Company Agreement (Wmeco Funding 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, the Sole Member hereby irrevocably waives any right or power that the Sole 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 Sole Member shall not have the status of a creditor with respect to any distribution pursuant to Section 5.03 5.3 hereof. The Membership Interest interest of the Sole Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Bec Funding LLC), Limited Liability Company Agreement (B E C Energy)

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 the Sole 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. The Sole Member shall not have any interest in any specific assets of the Company, and the Sole Member nor shall not it have the status of a creditor with respect to any distribution pursuant to Section 5.03 17 hereof. The Membership Interest 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 the fullest extent permitted by law, the Sole Member hereby irrevocably waives any right or power that the Sole 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 Sole Member shall not have the status of a creditor with respect to any distribution pursuant to Section 5.03 hereof. The Membership Interest interest of the Sole Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Northeast Utilities System)

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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, the Sole Member hereby irrevocably waives any right or power that the Sole Member 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,’ 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 does not have any interest in any specific assets of the Company, and the Sole Member shall will not have the status of a creditor with respect to any distribution pursuant to Section 5.03 14 (Distributions) hereof. The Membership Interest interest of the Sole Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (DTWC Spokane City Center SPE, LLC)

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