Common use of Formation Clause in Contracts

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 62 contracts

Samples: Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.), Agreement (Rexford Industrial Realty, Inc.)

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Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 18 contracts

Samples: Agreement and Plan of Merger (Healthcare Realty Trust Inc), Griffin-American Healthcare REIT III, Inc., Griffin-American Healthcare REIT IV, Inc.

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions provision of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 11 contracts

Samples: Paladin Realty Income Properties Inc, Paladin Realty Income Properties Inc, Paladin Realty Income Properties Inc

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions of the Act and Act. The Partners hereby agree to continue the Partnership upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 7 contracts

Samples: Limited Partnership Agreement (Sabra Ohio, LLC), Agreement (CNL Income Mesa Del Sol, LLC), LNR Capital CORP

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 5 contracts

Samples: Agreement (CoreSite Realty Corp), Agreement (CoreSite Realty Corp), CoreSite Realty Corp

Formation. The Partnership is has been formed as a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon this Agreement sets forth the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contraryrights, the rights duties and obligations of the Partners General Partner, the limit of liabilities of the Limited Partners, and the administration and termination rights of the Partners with respect to the assets of the Partnership and the profits and losses which the Partners shall be governed receive from the Partnership by the Act. The Partnership Interest reason of each Partner shall be personal property for all purposestheir being Partners.

Appears in 4 contracts

Samples: Agreement (Madyson Equity Group, LP), Agreement (Bridgewell Preferred Income Fund, LP), Agreement (Madyson Equity Group, LP)

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this the Original Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest shall continue upon the execution of each Partner shall be personal property for all purposesthis Agreement.

Appears in 3 contracts

Samples: Agreement (Behringer Harvard Reit I Inc), Amended and Restated Agreement (Adaptive Real Estate Income Trust, Inc.), Behringer Harvard Opportunity REIT I, Inc.

Formation. The Partnership is a limited partnership heretofore previously formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein in this Agreement to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall Certificate, and all actions taken or to be personal property for all purposestaken by any person who executed and filed or who executes and files, after the date hereof, the Certificate are hereby adopted and ratified, or authorized, as the case may be.

Appears in 3 contracts

Samples: Business Combination Agreement (dMY Technology Group, Inc.), Business Combination Agreement (dMY Technology Group, Inc.), Rush Street Interactive, Inc.

Formation. The Partnership is a limited partnership heretofore previously formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein in this Agreement to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall Certificate, and all actions taken or to be personal property for all purposestaken by any person who executed and filed or who executes and files, after the Effective Date, the Certificate are adopted and ratified, or authorized, as the case may be.

Appears in 2 contracts

Samples: Blue Owl Capital Inc., Blue Owl Capital Inc.

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The No Partner has any interest in any Partnership property, and the Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Agreement (Vici Properties Inc.), Vici Properties Inc.

Formation. The Partnership is a limited partnership heretofore previously formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein in this Agreement to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall Certificate, and all actions taken or to be personal property for all purposestaken by any person who executed and filed or who executes and files, after May 19, 2021, the Certificate are adopted and ratified, or authorized, as the case may be.

Appears in 2 contracts

Samples: Blue Owl Capital Inc., Blue Owl Capital Inc.

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP)

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions of the Act and Act. The Partners hereby agree to operate the Partnership upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Beacon Capital Partners Inc, Beacon Capital Partners Inc

Formation. The Partnership is has been formed as a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this AgreementAct. Except as expressly provided herein to the contrary, The Partners agree that the rights and obligations of the Partners from and after the administration and termination of date hereof with respect to the Partnership will be determined in accordance with the terms and provisions of this Agreement and, except where the Act provides that such rights and obligations specified in the Act shall be governed by apply “unless otherwise provided in a partnership agreement” or words of similar effect and such rights and obligations are set forth in this Agreement, the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Agreement (Eclipse Resources Corp), Eclipse Resources Corp

Formation. The Subject to the provisions of this Agreement, the Partnership is shall be a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this AgreementAct. Except as expressly provided herein to the contrary, the The rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by this Agreement and the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Agreement (Electropharmacology Inc), Capital Contribution Agreement (Electropharmacology Inc)

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions provision of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: Exchange Rights Agreement (Orion Multifamily Investment Fund Inc), Exchange Rights Agreement (American Spectrum Realty Inc)

Formation. The Partnership is has been formed as a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest rights and liabilities of each Partner the Partners shall be personal property for all purposesdetermined pursuant to the Act and this Agreement. To the extent that the rights or obligations of either Partner are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control.

Appears in 2 contracts

Samples: Contribution and Formation Agreement (Insight Capital Inc), Insight Communications Co Inc

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Formation. The Partnership is a limited partnership heretofore formed previously formed, and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 2 contracts

Samples: CareTrust REIT, Inc., Avenue N Holdings LLC

Formation. The Partnership is hereby organized as a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: Cornerstone Properties Inc

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act for the purposes and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contraryherein, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: Limited Partnership Agreement (Kimco Realty Corp)

Formation. The Partnership is was previously formed as a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon Act. This Agreement shall become effective on the terms and subject to the conditions set forth in date of this Agreement. Except as expressly provided herein to the contrarycontrary in this Agreement, the rights rights, duties (including fiduciary duties), liabilities and obligations of the Partners and the administration administration, dissolution and termination of the Partnership shall be governed by the Act. The All Partnership Interest of each Partner Interests shall be constitute personal property of the owner thereof for all purposespurposes and a Partner has no interest in specific Partnership property.

Appears in 1 contract

Samples: Panhandle Eastern Pipe Line Co Lp

Formation. The Partnership is has been formed as a limited partnership heretofore formed and continued pursuant to the provisions Act. This Agreement shall constitute the partnership agreement of the Partnership. The Partnership shall have no legal personality of its own. The rights, powers, duties, obligations and liabilities of the Partners shall be determined pursuant to the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein To the extent that the rights, powers, duties, obligations and liabilities of any Partner are different by reason of any provision of this Agreement than they would be under the Act in the absence of such provision, this Agreement shall, to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed extent permitted by the Act. The Partnership Interest of each Partner shall be personal property for all purposes, control.

Appears in 1 contract

Samples: Limited Partnership Agreement (Prokidney Corp.)

Formation. The Partnership is a limited partnership --------- heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: Westfield America Inc

Formation. The Partnership is a limited partnership heretofore formed and continued organized pursuant to the provisions of the Act Act. The Partners hereby agree to form and operate the Partnership upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: Agreement (Monarch Properties Inc)

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the The Partnership shall be governed by continue upon the Act. The Partnership Interest execution of each Partner shall be personal property for all purposesthis Agreement.

Appears in 1 contract

Samples: Third Amended and Restated Agreement (Behringer Harvard Reit I Inc)

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: Limited Partnership Agreement (Guide Holdings Inc)

Formation. The Partnership is a limited partnership heretofore formed and continued pursuant to the provisions of the Act and now upon the terms and subject to the conditions set forth in this Agreement. Except as expressly provided herein to the contrary, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

Appears in 1 contract

Samples: CyrusOne Inc.

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