Waiver of Right to Partition. Each of the Members irrevocably waives during the term of the Company any right that such Member may have to maintain any action for partition with respect to the property and assets of the Company, and hereby agrees not to file a xxxx for a membership accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct or violation of this Agreement.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Manning & Napier, Inc.), Limited Liability Company Agreement (Manning & Napier, Inc.), Limited Liability Company Agreement (Manning & Napier, Inc.)
Waiver of Right to Partition. Each of the Members irrevocably waives during the term of the Company any right that such Member may have to maintain any action for partition with respect to the property and assets of the Company, and hereby agrees not to file a xxxx for a membership accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct or violation of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Community First Bankshares Inc), Limited Liability Company Agreement (Community First Bankshares Inc), Limited Liability Company Agreement (Black Amber Florida, Inc.)
Waiver of Right to Partition. Each of the Members irrevocably waives during the term of the Company any right that such Member may have to maintain any action for partition with respect to the property and assets of the Company, and hereby agrees not to file a xxxx bxxx for a membership accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct or violation of this Agreement.
Appears in 2 contracts
Samples: Operating Agreement (Pzena Investment Management, Inc.), Operating Agreement (Pzena Investment Management, Inc.)
Waiver of Right to Partition. Each of the Members hereby irrevocably waives during the term of the Company any right and all rights that such Member it may have to maintain any an action for partition with respect to the property and assets of the Company, and hereby agrees not to file a xxxx for a membership accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct or violation of this Agreement’s assets.
Appears in 1 contract
Waiver of Right to Partition. Each of the Members irrevocably waives waives, during the term of the Company Company, any right that such Member Member, in its capacity as a Member, may have to maintain any action for partition with respect to the property and assets of the Company, and hereby agrees agrees, in his capacity as a Member, not to file a xxxx for a membership an accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct fraud or violation of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Majestic Holdco, LLC)
Waiver of Right to Partition. Each of the Members irrevocably waives during the term of the Company any right that such Member may have to maintain any action for partition with respect to the property and assets of the Company, and hereby agrees not to file a xxxx for a membership accounting or otherwise proceed adversely in any manner whatsoever against the other Members or the Company, except for bad faith, gross negligence, fraud, intentional misconduct or violation of this Agreement.. DB1/ 109886103.10
Appears in 1 contract
Samples: Operating Agreement (Pzena Investment Management, Inc.)
