Common use of Withdrawal by Government Plans Complying with State and Local Law Clause in Contracts

Withdrawal by Government Plans Complying with State and Local Law. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a “government plan” within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the “government plan”, the withdrawal of such Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 2 contracts

Samples: Agreement (Capitala Finance Corp.), FIDUS INVESTMENT Corp

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Withdrawal by Government Plans Complying with State and Local Law. Notwithstanding any other provision of this Agreement, any Private Special Limited Partner that is a “government plan”, within the meaning of ERISA may elect to withdraw from the Partnership Partnership, in whole or in part, or upon demand by the General Partner must withdraw from the Partnership Partnership, in whole or in part, if either such Private Special Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case case, law, administrative interpretations or similar authority applicable to the “government plan”, ,” the withdrawal of such Private Special Limited Partner from the Partnership to such extent is required to enable the Private Special Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 1 contract

Samples: CapRocq Core REIT, Inc.

Withdrawal by Government Plans Complying with State and Local Law. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a “government plan” within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the “government plan”, the withdrawal of such Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 1 contract

Samples: Limited Partnership Agreement

Withdrawal by Government Plans Complying with State and Local Law. 23 Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a “government plan” within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the “government plan”, the withdrawal of such Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 1 contract

Samples: Limited Partnership Agreement (CapitalSouth Partners SBIC Fund III, L.P.)

Withdrawal by Government Plans Complying with State and Local Law. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a “government plan” within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the “government plan”, the withdrawal of such Confidential treatment requested by WQN, Inc. Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 1 contract

Samples: Joinder Agreement (WQN, Inc.)

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Withdrawal by Government Plans Complying with State and Local Law. 56 Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a "government plan" within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or the General Partner obtains an opinion of counsel to the effect that as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the "government plan", the withdrawal of such Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner or the Partnership to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law.

Appears in 1 contract

Samples: Limited Partnership Agreement

Withdrawal by Government Plans Complying with State and Local Law. Notwithstanding any other provision of this Agreement, any Private Limited Partner that is a “government plan” within the meaning of ERISA may elect to withdraw from the Partnership in whole or in part, or upon demand by the General Partner must withdraw from the Partnership in whole or in part, if either such Private Limited Partner or provides the General Partner obtains with an opinion of counsel to the effect that that, or the General Partner otherwise determines that, (A) as a result of state statutes, regulations, case law, administrative interpretations or similar authority applicable to the “government plan”, the withdrawal of such Private Limited Partner from the Partnership to such extent is required to enable the Private Limited Partner Partner, the Fund, or the Partnership any GP Person to avoid a violation (other than a violation based upon the investment performance of the Partnership) of the applicable state law., and

Appears in 1 contract

Samples: Limited Partnership Agreement

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