Common use of General Disposition Restriction Clause in Contracts

General Disposition Restriction. A Member may not Dispose of all or any portion of its Membership Interests except in strict accordance with this Article V. References in this Article V to Dispositions of a Membership Interest shall also refer to Dispositions of a portion of a Membership Interest. Any attempted Disposition of a Membership Interest, other than in strict accordance with this Article V, shall be, and is hereby declared, null and void ab initio. Each Member agrees that a breach of the provisions of this Article V may cause irreparable injury to the Company and to the other Members for which monetary damages (or other remedy at law) are inadequate in view of (a) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a Member to comply with such provision and (b) the uniqueness of the business and the relationship among the Members. Accordingly, each Member agrees that the provisions of this Article V may be enforced by specific performance.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Alliance Holdings GP, L.P.), Limited Liability Company Agreement (Alliance Holdings GP, L.P.), Limited Liability Company Agreement (Penn Virginia GP Holdings, L.P.)

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General Disposition Restriction. A Member may not Dispose of all or any portion of its Membership Interests Interest except in strict accordance with this Article V. VI. References in this Article V VI to Dispositions of a Membership Interest shall also refer to Dispositions of a portion of a Membership Interest. Any attempted Disposition of a Membership Interest, other than in strict accordance with this Article VVI, shall be, and is hereby declared, null and void ab initio. Each Member agrees that a breach of the provisions of this Article V VI may cause irreparable injury to the Company and to the other Members for which monetary damages (or other remedy at law) are inadequate in view of (a) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a Member to comply with such provision and (b) the uniqueness of the business and the relationship among the Members. Accordingly, each Member agrees that the provisions of this Article V VI may be enforced by specific performance.

Appears in 1 contract

Samples: Limited Liability Company Agreement (K-Sea GP Holdings LP)

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