Common use of Winding Up and Termination Clause in Contracts

Winding Up and Termination. (a) Upon the occurrence of a Dissolution Event, the property and business of the Company shall be wound up by the Board or, in the event of the unavailability of the Board, by a Person designated as a liquidating trustee by the Board (the Board or such liquidating trustee, the “Liquidating Trustee”). Subject to the requirements of applicable law and the further provisions of this Section 6.2, the Liquidating Trustee shall have discretion in determining whether to sell or otherwise dispose of Company assets or to distribute the same in kind and the timing and manner of such disposition or distribution. While the Company continues to hold assets, the Liquidating Trustee may in its discretion expend funds, acquire additional assets and borrow funds. The Liquidating Trustee may also authorize the payment of fees and expenses reasonably required in connection with the winding up of the Company and any fees and expenses payable pursuant to any agreement to which the Company is party.

Appears in 244 contracts

Samples: Limited Liability Company Operating Agreement (Masterworks 037, LLC), Limited Liability Company Operating Agreement (Masterworks 140, LLC), Limited Liability Company Operating Agreement (Masterworks 051, LLC)

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Winding Up and Termination. (a) Upon the occurrence of a Dissolution Event, the property and business of the Company shall be wound up by the Board Manager or, in the event of the unavailability of the BoardManager, by a Person designated as a liquidating trustee by the Board Manager (the Board Manager or such liquidating trustee, the “Liquidating Trustee”). Subject to the requirements of applicable law and the further provisions of this Section 6.27.2, the Liquidating Trustee shall have discretion in determining whether to sell or otherwise dispose of Company assets or to distribute the same in kind and the timing and manner of such disposition or distribution. While the Company continues to hold assets, the Liquidating Trustee may in its discretion expend funds, acquire additional assets and borrow funds. The Liquidating Trustee may also authorize the payment of fees and expenses reasonably required in connection with the winding up of the Company and any fees and expenses payable pursuant to any agreement to which the Company is partyCompany.

Appears in 7 contracts

Samples: Limited Liability Company Operating Agreement (iCap Vault 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (iCap Vault 1, LLC)

Winding Up and Termination. (a) Upon the occurrence of a Dissolution Event, the property and business of the Company shall be wound up by the Board Manager or, in the event of the unavailability of the BoardManager, by a Person designated as a liquidating trustee by the Board Manager (the Board Manager or such liquidating trustee, the “Liquidating Trustee”). Subject to the requirements of applicable law and the further provisions of this Section 6.2, the Liquidating Trustee shall have discretion in determining whether to sell or otherwise dispose of Company assets or to distribute the same in kind and the timing and manner of such disposition or distribution. While the Company continues to hold assets, the Liquidating Trustee may in its discretion expend funds, acquire additional assets and borrow funds. The Liquidating Trustee may also authorize the payment of fees and expenses reasonably required in connection with the winding up of the Company and any fees and expenses payable pursuant to any agreement to which the Company is partyCompany.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC)

Winding Up and Termination. (a) Upon the occurrence of a Dissolution Event, the property and business of the Company shall be wound up by the Board Manager or, in the event of the unavailability of the BoardManager, by a Person designated as a liquidating trustee by the Board Manager (the Board Manager or such liquidating trustee, the “Liquidating Trustee”). Subject to the requirements of applicable law and the further provisions of this Section 6.2, the Liquidating Trustee shall have discretion in determining whether to sell or otherwise dispose of Company assets or to distribute the same in kind and the timing and manner of such disposition or distribution. While the Company continues to hold assets, the Liquidating Trustee may in its discretion expend funds, acquire additional assets and borrow funds. The Liquidating Trustee may also authorize the payment of fees and expenses reasonably required in connection with the winding up of the Company and any fees and expenses payable pursuant to any agreement to which the Company is party.

Appears in 3 contracts

Samples: Limited Liability (Masterworks 001, LLC), Limited Liability (Masterworks 001, LLC), Limited Liability (Masterworks 001, LLC)

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Winding Up and Termination. (a) Upon the occurrence of a Dissolution Event, the property and business of the Company shall be wound up by the Board or, in the event of the unavailability of the BoardBoard , by a Person designated as a liquidating trustee by the Board (the Board or such liquidating trustee, the “Liquidating Trustee”). Subject to the requirements of applicable law and the further provisions of this Section 6.2, the Liquidating Trustee shall have discretion in determining whether to sell or otherwise dispose of Company assets or to distribute the same in kind and the timing and manner of such disposition or distribution. While the Company continues to hold assets, the Liquidating Trustee may in its discretion expend funds, acquire additional assets and borrow funds. The Liquidating Trustee may also authorize the payment of fees and expenses reasonably required in connection with the winding up of the Company and any fees and expenses payable pursuant to any agreement to which the Company is party.

Appears in 2 contracts

Samples: Limited Liability (Masterworks 001, LLC), Limited Liability Company Operating Agreement (Masterworks 002, LLC)

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