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 of the Member, the Special Member, the Springing Member and any additional member admitted to the Company hereby irrevocably waives any right or power that 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 (solely by virtue of its status as Member) not have the status of a creditor with respect to any distribution pursuant to Section 8.1 hereof. The interest of the Member in the Company is personal property.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities 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, the Member and Special Member, the Springing Member and any additional member admitted to the Company if any, hereby irrevocably waives any right or power that the Member or Special Member, if any, 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 neither Member shall (solely by virtue of its status as Member) not have the status of a creditor with respect to any distribution pursuant to Section 8.1 15 hereof. The interest interests of the Member in the Company is personal property.

Appears in 3 contracts

Samples: Vehicle Title Nominee Agreement (Hertz Corp), Vehicle Title Nominee Agreement (Hertz Corp), Collateral Agency Agreement (Hertz Global Holdings 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 MemberMembers, the Special Member, the Springing Member Members and any additional member admitted to the Company hereby irrevocably waives any right or power that 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 (solely by virtue of its status as Member) not have the status of a creditor with respect to any distribution pursuant to Section 8.1 6.2 hereof. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ladder Capital Commercial Mortgage Securities LLC)

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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, and not withstanding any provision in this Agreement to the contrary, each of the MemberMembers, the Special Member, the Springing Member and any additional member and substitute members admitted to the Company hereby irrevocably waives any right or power that the Member might such Person migbt 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 division, 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 (solely by virtue of its status as Member) not have the status of a creditor with respect to any distribution pursuant to Section 8.1 3.5 hereof. The interest of the each Member in the Company is personal property.

Appears in 1 contract

Samples: Trust Agreement (Versity Invest, LLC)

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