Waiver of Rights of Partition and Dissolution. Each Member (other than the Initial Member) hereby irrevocably waives all rights it may have at any time to maintain any action for division or sale of the Company Property as now or hereafter permitted under any applicable Law. Each Member (other than the Initial Member) hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Company as now or hereafter permitted under any applicable Law.
Waiver of Rights of Partition and Dissolution. Each Partner waives all rights it may have at any time to maintain any action for partition or sale of any Partnership assets as now or hereafter permitted under applicable law. Each Partner waives its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Partnership as now or hereafter permitted under applicable law.
Waiver of Rights of Partition and Dissolution. Each of the Members hereby irrevocably waives all rights it may have at any time to maintain any action for dissolution of the Company, or division or sale of the Company Property, as now or hereafter permitted under the Act or any other applicable Law. Each Member hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Company as now or hereafter permitted under the Act or any other applicable law. Subject to provisions of Law that cannot be waived by the Members and to circumstances involving a breach of this Agreement by the other Member, each Member covenants that it will not (except with the consent of Manager) file a xxxx for Company accounting. Nothing in this Section 10.1 limits the right of either Member to institute or maintain an appropriate action to enforce or exercise any right expressly granted to it under this Agreement.
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 18 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21 12.11 Compliance With Law; Severability 22 12.12 Power of Attorney 23 12.13 Submission to Jurisdiction; Waivers 23 Annex I – Certain Definitions TABLE OF CONTENTS (continued) Page Exhibits Exhibit A – Certificate of Formation FNBN-CMLCON I LLC LIMITED LIABILITY COMPANY AGREEMENT THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (as the same may be amended or modified from time to time in accordance with the terms hereof, this “Agreement”), is made and effective as of February 20, 2009, by and among the Federal Deposit Insurance Corporation as Receiver (“Receiver”) for First National Bank of Nevada (“Initial Member”) and FNBN-CMLCON I LLC, a Delaware limited liability company (the “Company”).
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 19 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21 12.11 Compliance With Law; Severability 22 12.12 Power of Attorney 23 12.13 Submission to Jurisdiction; Waivers 23 Annex I – Certain Definitions TABLE OF CONTENTS (continued) Page Exhibits Exhibit A – Certificate of Formation Exhibit B – Form of Loan Contribution and Assignment Agreement Exhibit C – Form of Participation and Servicing Agreement FNBN I, LLC LIMITED LIABILITY COMPANY AGREEMENT THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (as the same may be amended or modified from time to time in accordance with the terms hereof, this “Agreement”), is made and effective as of December 29, 2008, by and among the Federal Deposit Insurance Corporation as Receiver (“Receiver”) for First National Bank of Nevada (“Initial Member”) and FNBN I, LLC, a Delaware limited liability company (the “Company”).
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 18 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21
Waiver of Rights of Partition and Dissolution. Each of the Parties hereby waives all rights it may have, at any time, to maintain any action for partition or sale of the JV Company's properties as now or hereafter permitted under any applicable statutes or other laws. Each of the Parties hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the JV Company as now or hereafter permitted under any applicable statutes or other laws. Neither Party may effect a dissolution of the JV Company except as provided in this Agreement.
Waiver of Rights of Partition and Dissolution. Sweetheart and ECC each hereby waive all rights it may have at any time to maintain any action for partition or sale of any of the assets in connection with the Principal Activity as now or hereafter permitted under applicable law. Sweetheart and ECC each hereby waives rights to seek a court decree of dissolution or to seek the appointment of a court receiver in connection with the Principal Activity as now or hereafter permitted under applicable law. EXECUTION COPY --------------
