Common use of Waiver of Partition; Nature of Interest Clause in Contracts

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special Members, if any, hereby irrevocably waives any right or power that the Member or the Special Members, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Zipcar Inc), Limited Liability (Zipcar Inc)

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Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special Members, if any, hereby irrevocably waives any right or power that the Member or the Special Members, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof15. The interest of the Member in the Company is personal property.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Hertz Global Holdings Inc), Assignment and Assumption Agreement (Hertz Global Holdings Inc)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special Members, if any, Member hereby irrevocably waives any right or power that the such Member or the Special Members, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or or, to the fullest extent permitted by applicable law, to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereofthis Agreement. The interest of the Member in the Company is personal property.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Capital Auto Receivables LLC), Limited Liability Company Agreement (Wholesale Auto Receivables LLC)

Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member, the Springing Members, any Special Member and any additional member admitted to the Special Members, if any, Company hereby irrevocably waives waive any right or power that the such Member or the Special Members, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The No Member shall not have any interest in any specific assets of the Company, and the no Member shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof. The interest of the Member Members in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC)

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Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in Section 9(d)(iii) of this Agreement, to the fullest extent permitted by law, each of the Member Member, the Springing Members and the Special Members, if any, Member hereby irrevocably waives any right or power that the Member or the Special Members, if any, such Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for receiver1 for’ all or of any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. , The Member shall not have any interest in any specific assets of the Company, and the Member Member’ shall not have the status of a creditor with respect to any distribution pursuant to Section 16 hereof16. The interest of the Member in the Company is personal property.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

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