Common use of Domestic Proceeding Clause in Contracts

Domestic Proceeding. In the event that a spouse of a Limited Partner commences against a Limited Partner, or a Limited Partner is named in, a Domestic Proceeding, the Limited Partner shall give written notice (the "Notice of Domestic Proceeding") to the General Partner of the commencement of any such proceeding within five days of the first notice to him of such commencement. The General Partner shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner involved in the Domestic Proceeding (which Limited Partner shall then become obligated to sell such Partnership Interest), at the price determined in the manner provided in Article 17.6 of this Agreement and on the terms and conditions provided in Article 17.7 of this Agreement. The General Partner shall have a period of thirty (30) days following the date of the Notice of Domestic Proceeding (the "Option Period") within which to notify in writing the Limited Partner involved in the Domestic Proceeding, whether the General Partner wishes to purchase all or a portion of the Partnership Interest of such Limited Partner. If the General Partner does not elect to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by such Limited Partner pursuant to the terms of this Agreement. The General Partner, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding under this Section 17.4 to the Partnership and, in such case, the Partnership shall have the same rights as provided for the General Partner under this Section 17.4.

Domestic Proceeding. In the event that a spouse of a Limited Partner commences against a Limited Partner, or a Limited Partner is named in, a Domestic Proceeding, the Limited Partner shall give written notice (the "Notice of Domestic Proceeding") to the General Partner of the commencement of any such proceeding within five days of the first notice to him of such commencement. The General Partner shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner involved in the Domestic Proceeding (which the Limited Partner shall then become obligated to sell such Partnership Interestsell), at the price determined in the manner provided in Article 17.6 of this Agreement and on the terms and conditions provided in Article 17.7 of this Agreement. The General Partner shall have a period of thirty (30) days following the date of the Notice of Domestic Proceeding (the "Option Period") within which to notify in writing the Limited Partner involved in the Domestic Proceeding, whether the General Partner wishes to purchase all or a portion of the Partnership Interest of such Limited Partner. If the General Partner does not elect to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by such Limited Partner pursuant to the terms of this Agreement. The General Partner, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding under this Section Article 17.4 to the Partnership and, in such case, the Partnership shall have the same rights as provided for the General Partner under in this Section Article 17.4.

Domestic Proceeding. In the event that a spouse of a Limited Partner commences against a Limited Partner, or a Limited Partner is named in, a Domestic Proceeding, the Limited Partner shall give written notice (the "Notice of Domestic Proceeding") to the General Partner of the commencement of any such proceeding within five days of the first notice to him of such commencement. The General Partner shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner involved in the Domestic Proceeding (which Limited Partner shall then become obligated to sell such Partnership Interest), at the price determined in the manner provided in Article 17.6 17.8 of this Agreement and on the terms and conditions provided in Article 17.7 17.9 of this Agreement. The General Partner shall have a period of thirty (30) days following the date of either the Notice of Domestic Proceeding or if such formal notice is not given, the date the General Partner is first aware of the domestic circumstances of the Limited Partner as provided in this Article 17.4 (the "Option Period") ), within which to notify in writing the Limited Partner involved in the Domestic Proceeding, whether the General Partner wishes to purchase all or a portion of the Partnership Interest of such Limited Partner. If the General Partner does not elect to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by such Limited Partner pursuant to the terms of this Agreement. The General Partner, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding under this Section 17.4 to the Partnership and, in such case, the Partnership shall have the same rights as provided for the General Partner under this Section 17.4.

Domestic Proceeding. In the event that a spouse of a Limited Partner Member commences against a Limited PartnerMember, or a Limited Partner Member is named in, a Domestic Proceeding, the Limited Partner Member shall give written notice (the "Notice of Domestic Proceeding") to the General Partner Managing Board of the commencement of any such proceeding within five days of the first notice to him or her of such commencement. The General Partner Company shall have the option to purchase at the Closing (as defined below) the Partnership Membership Interest of the Limited Partner Member involved in the Domestic Proceeding (which Limited Partner Member shall then become obligated to sell such Partnership Membership Interest), at the price determined in the manner provided in Article 17.6 Section 10.7 of this Agreement and on the terms and conditions provided in Article 17.7 Section 10.8 of this Agreement. The General Partner Company shall have a period of thirty (30) days following the date of either the Notice of Domestic Proceeding Proceeding, or if such formal notice is not given, the date the Managing Board first becomes aware of the domestic circumstances of the Member as provided in this Section 10.5 (the "First Option Period") ), within which to notify in writing the Limited Partner Member involved in the Domestic Proceeding, whether the General Partner Company wishes to purchase all or a portion of the Partnership Membership Interest of such Limited PartnerMember. If the General Partner Company does not elect to purchase the Partnership Membership Interest of the Limited Partner Member involved in the Domestic Proceeding before the expiration of the First Option Period and in the manner provided herein, the Members shall have the option to purchase all or any part of the Membership Interest of the Member involved in the Domestic Proceeding not purchased by the Company at the price determined in the manner provided in Section 10.7 of this Agreement and on the terms and conditions provided in Section 10.8 of this Agreement. Any Member desiring to purchase any part or all of the remaining Membership Interest of the Member involved in the Domestic Proceeding shall deliver to the Managing Board a written election to purchase all or a specified portion of such Membership Interest within the ten (10) day period immediately following the close of the First Option Period (the "Second Option Period"). If the Members in the aggregate elect to purchase more than the Membership Interest then available, each electing Member shall have a priority, up to that portion specified in his or her notice of election, to purchase such proportion of the Membership Interest of the Member involved in the Domestic Proceeding then available as his or her Percentage Interest bears to the aggregate Percentage Interests of the Members electing to purchase. That portion of the Partnership Member's Membership Interest not purchased on such a priority basis shall be allocated in one or more successive allocations to those remaining Members electing to purchase more of the Membership Interest than they have a priority right, up to the portion specified in their respective elections, in the proportion that each of their Percentage Interests bears to the aggregate Percentage Interest of all of them. Within the ten (10) day period immediately following the close of the Second Option Period (the "Confirmation Period"), the Managing Board shall inform each electing Member of the portion of the Membership Interest of the Member involved in the Domestic Proceeding as to which his or her election is effective. The Managing Board shall give notice to the Member involved in the Domestic Proceeding within the ten (10) day period following the close of the Confirmation Period (the "Notification Period") of the election by the Members to exercise their option. Such notice shall indicate the portion of the Member's Membership Interest that will be purchased by each of the purchasing Members and the Company, if any. Any portion of the Membership Interest not purchased by the Company and Members shall be held by such Limited Partner Member involved in the Domestic Proceeding pursuant to the terms of this Agreement. The General Partner, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding under this Section 17.4 to the Partnership and, in such case, the Partnership shall have the same rights as provided for the General Partner under this Section 17.4.

Domestic Proceeding. In the event that a spouse of a Limited Partner Physician Member commences against a Limited PartnerPhysician Member, or a Limited Partner Physician Member is named in, a Domestic Proceeding, the Limited Partner Physician Member shall give written notice (the "Notice of Domestic Proceeding") to the General Partner Manager of the commencement of any such proceeding within five days of the first notice to him or her of such commencement. The General Partner Manager shall have the option to purchase at the Closing (as defined below) the Partnership Membership Interest of the Limited Partner Physician Member involved in the Domestic Proceeding (which Limited Partner Physician Member shall then become obligated to sell such Partnership Membership Interest), at the price determined in the manner provided in Article 17.6 Section 11.6 of this Agreement and on the terms and conditions provided in Article 17.7 Section 11.7 of this Agreement. The General Partner Manager shall have a period of thirty (30) days following the date of either the Notice of Domestic Proceeding Proceeding, or if such formal notice is not given, the date the Manager first becomes aware of the domestic circumstances of the Physician Member as provided in this Section 11.4 (the "Option Period") ), within which to notify in writing the Limited Partner Physician Member involved in the Domestic Proceeding, whether the General Partner Manager wishes to purchase all or a portion of the Partnership Membership Interest of such Limited PartnerPhysician Member. If the General Partner Manager does not elect to purchase the Partnership Membership Interest of the Limited Partner Physician Member involved in the Domestic Proceeding before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Membership Interest not purchased shall be held by such Limited Partner Physician Member pursuant to the terms of this Agreement. The General PartnerManager, in its sole discretion, may elect to assign its rights to purchase the Partnership Membership Interest of the Limited Partner Physician Member involved in the Domestic Proceeding under this Section 17.4 11.4 to the Partnership Company and, in such case, the Partnership Company shall have the same rights as provided for the General Partner Manager under this Section 17.411.4.

Domestic Proceeding. In the event that a spouse of a Limited Partner commences against a Limited Partner, or a Limited Partner is named in, a Domestic Proceeding, the Limited Partner shall give written notice (the "Notice of Domestic Proceeding") to the General Partner of the commencement of any such proceeding within five days of the first notice to him of such commencement. The General Partner shall have the option to purchase at the Closing (as defined below) the Partnership Interest of the Limited Partner involved in the Domestic Proceeding (which Limited Partner shall then become obligated to sell such Partnership Interest), at the price determined in the manner provided in Article 17.6 18.6 of this Agreement and on the terms and conditions provided in Article 17.7 18.7 of this Agreement. The General Partner shall have a period of thirty (30) days following the date of the Notice of Domestic Proceeding (the "Option Period") within which to notify in writing the Limited Partner involved in the Domestic Proceeding, whether the General Partner wishes to purchase all or a portion of the Partnership Interest of such Limited Partner. If the General Partner does not elect to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding before the expiration of the Option Period and in the manner provided herein, the portion of the Partnership Interest not purchased shall be held by such Limited Partner pursuant to the terms of this Agreement. The General Partner, in its sole discretion, may elect to assign its rights to purchase the Partnership Interest of the Limited Partner involved in the Domestic Proceeding under this Section 17.4 Article 18.4 to the Partnership and, in such case, the Partnership shall have the same rights as provided for the General Partner under this Section 17.4Article 18.4.