Common use of Waiver of Partition; Nature of Interests in the Company Clause in Contracts

Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, each of the Members hereby irrevocably waives any right or power that such Member might have to: (a) cause the Company or any of its assets to be partitioned; (b) cause the appointment of a receiver for all or any portion of the assets of the Company; (c) compel any sale of all or any portion of the assets of the Company pursuant to any applicable law; or (d) file a complaint, or to institute any proceeding at law or in equity, to cause the termination, dissolution or liquidation of the Company. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.4, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific Company Property. The Interests of all Members in this Company are personal property.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.), Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, each of the Members hereby irrevocably waives any right or power that such Member might have tohave: (a) To cause the Company or any of its assets to be partitioned; (b) To cause the appointment of a receiver for all or any portion of the assets of the Company; (c) To compel any sale of all or any portion of the assets of the Company pursuant to any applicable law; or (d) To file a complaint, or to institute any proceeding at law or in equity, to cause the termination, dissolution or liquidation of the Company. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.45.03, and without such waivers no Member member would have entered into this Agreement. No Member shall have any interest in any specific Company Property. The Interests interests of all Members in this Company are personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (New Home Co LLC)

Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, each of the Members hereby irrevocably waives any right or power that such Member might have to: (a) cause the Company or any of its assets to be partitioned; (b) cause the appointment of a receiver for all or any portion of the assets of the Company; (c) compel any sale of all or any portion of the assets of the Company pursuant to any applicable law; or (d) file a complaint, or to institute any proceeding at law or in equity, to cause the termination, dissolution or liquidation of the Company. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.4, and without such waivers no Member member would have entered into this Agreement. No Member shall have any interest in any specific Company Property. The Interests of all Members in this Company are personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, each of the Members hereby irrevocably waives any right or power that such Member might have to: (a) cause the Company or any of its assets to be partitioned; (b) cause the appointment of a receiver for all or any portion of the assets of the Company; (c) compel any sale of all or any portion of the assets of the Company pursuant to any applicable law; or (d) file a complaint, or to institute any proceeding at law or in equity, to cause the termination, dissolution or liquidation of the Company. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.4, and without such waivers no Member member would have entered into this Agreement. No Member shall have any interest in any specific Company Property. The Interests interests of all Members in this Company are personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, each of the Members hereby irrevocably waives any right or power that such Member might have tohave: (a) To cause the Company or any the assets of its assets the Company to be partitioned; (b) To cause the appointment of a receiver for all or any portion of the assets of the Company; (c) To compel any sale of all or any portion of the assets of the Company pursuant to any applicable law; or (d) To file a complaint, complaint or to institute any proceeding at law or in equity, to cause the termination, dissolution or liquidation of the Company. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.45.04, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific Company Propertyassets of the Company. The Interests interests of all Members in this Company are personal property.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Mack Cali Realty Corp)

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