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: (a) To cause the Company, the Subsidiaries or the assets of the Company or the Subsidiaries to be partitioned; (b) To cause the appointment of a receiver for all or any portion of the assets of the Company or any Subsidiary; (c) To compel any sale of all or any portion of the assets of the Company or any Subsidiary 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 or any Subsidiary. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.04, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific assets of the Company (including the Property). The interests of all Members in this Company are personal property.

Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, and without limiting MN Retail’s unfettered right to sell all or any portion of the Company Property as set forth herein, each of the Members hereby irrevocably waives any right or power that such Member might have: (a) To cause the Company, the Subsidiaries or the assets of the Company or the Subsidiaries 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 or any SubsidiaryCompany; (c) To compel any sale of all or any portion of the assets of the Company or any Subsidiary 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 or any SubsidiaryCompany. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.04, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific assets of the Company (including the Property). The interests of all Members in this Company are personal property.

Waiver of Partition; Nature of Interests in the Company. Except as otherwise expressly provided for in this Agreement, and without limiting GAP’s unfettered right to sell all or any portion of the Company Property as set forth herein, each of the Members hereby irrevocably waives any right or power that such Member might have: (a) To cause the Company, the Subsidiaries or the assets of the Company or the Subsidiaries 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 or any SubsidiaryCompany; (c) To compel any sale of all or any portion of the assets of the Company or any Subsidiary 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 or any SubsidiaryCompany. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.04, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific assets of the Company (including the Property). The interests of all Members in this Company are personal property.

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:have (provided that nothing in the foregoing shall affect the ability of the Executive Committee to compel the Company to sell all or any portion of the Company Property, subject only to Section 7.01(e)(1)(iii)): (a) To cause the Company, the Subsidiaries or the assets of the Company or the Subsidiaries 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 or any SubsidiaryCompany; (c) To compel any sale of all or any portion of the assets of the Company or any Subsidiary 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 or any SubsidiaryCompany. Each of the Members has been induced to enter into this Agreement in reliance upon the waivers set forth in this Section 5.04, and without such waivers no Member would have entered into this Agreement. No Member shall have any interest in any specific assets of the Company (including the Property). The interests of all Members in this Company are personal property.