Company’s Assets definition
Examples of Company’s Assets in a sentence
Except as would not have a Material Adverse Effect, the Company’s Assets are in good operating condition and repair, ordinary wear and tear excepted, and are free of any latent or patent defects which might impair their usefulness, and are suitable for the purposes for which they are currently used and for the purposes for which they are proposed to be used.
Neither any Member or a successor, representative, or assignee of such Member, shall have any right, title or interest in the Company’s Assets or the right to partition any real property owned by the Company.
No court, tribunal, governmental or statutory authority has issued any judgment, order, injunction, or decree, which has or is likely to have a Material Adverse Effect on the Business and/or Company’s Assets.
The Facility Company is the sole owner of each of the Facilities that has been delivered to a Site and the Facility Company has good and valid title to all of the Facility Company’s Assets free and clear of all Encumbrances except Permitted Encumbrances.
In the case of multiple advisors, advisors and Affiliates shall be allowed incentive fees in accordance with the foregoing limitation, provided such fees are distributed by a proportional method reasonably designed to reflect the value added to the Company’s Assets by each respective advisor or Affiliate.
Except stated otherwise in this Agreement, Members may not, without written consent given after majority vote or majority consent of the Members, exchange, lease, assign, sell, or in any other way transfer all or a substantial portion of the Company’s Assets.
For purposes of this Agreement, “Change in Control” shall mean a Change in the Actual Control of the Company, as described in Section 7.11(a)(i), a Change in Effective Control, as described in Section 7.11(a)(ii), and a Change in the Ownership of the Company’s Assets, as described in Section 7.11(a)(iii).
The Company may be dissolved, liquidated and terminated only pursuant to the provisions of this Article IX, and the Members hereby irrevocably waive any and all other rights they may have to cause a dissolution of the Company or a sale or partition of any or all of the Company’s Assets.
Within fifteen (15) days after demand by either one or the other, the Company and the Withdrawing Member shall each appoint an appraiser to determine the value of the equity of the Company’s Assets.
The Manager may in its sole discretion elect to cause the Manager and/or the Company to structure the Applicable Sale as a merger or consolidation or as a sale of the Company’s Assets.