Common use of Partnership Agreements Clause in Contracts

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree, and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelines.

Appears in 6 contracts

Samples: Selected Dealer Agreement (Industrial Income Trust Inc.), Dealer Agreement (CNL Properties Trust, Inc.), Dealer Agreement (KBS Real Estate Investment Trust III, Inc.)

AutoNDA by SimpleDocs

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree, and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors' rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelines.

Appears in 2 contracts

Samples: KBS Real Estate (KBS Real Estate Investment Trust III, Inc.), Selected Dealer Agreement (KBS Real Estate Investment Trust III, Inc.)

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, 8 declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree, and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors' rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelines.

Appears in 2 contracts

Samples: Dealer Agreement (KBS Legacy Partners Apartment REIT, Inc.), Dealer Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree, . and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelineslaws.

Appears in 1 contract

Samples: Selected Dealer Agreement (Behringer Harvard Opportunity REIT II, Inc.)

AutoNDA by SimpleDocs

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree., and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelineslaws.

Appears in 1 contract

Samples: Selected Dealer Agreement (Behringer Harvard Multifamily Reit I Inc)

Partnership Agreements. Each of the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or other similar agreements) and, if applicable, joint venture agreements to which the Company or any of its subsidiaries is a party has been duly authorized, executed and delivered by the Company or the relevant subsidiary, as the case may be, and the execution, delivery and performance of such agreements did not, at the time of execution and delivery, and does not constitute a breach of or default under the charter or bylaws, partnership agreement, declaration of trust or trust agreement, or limited liability company agreement (or other similar agreement), as the case may be, of the Company or any of its subsidiaries or any of the Agreements and Instruments or any law, administrative regulation or administrative or court order or decree, and constitutes the valid and binding agreement of the Company or such subsidiary, as the case may be, enforceable in accordance with its terms, except to the extent that (i) enforceability thereof may be limited by (a) the effect of bankruptcy, insolvency or other similar laws now or hereafter in effect relating to or affecting creditors’ rights generally or (b) the effect of general principles of equity, or (ii) the enforceability of the indemnity and/or contribution provisions contained in the partnership agreements, declarations of trust or trust agreements, limited liability company agreements (or similar agreements) and Section 8 of this Agreement may be limited under applicable securities laws and/or the NASAA Guidelineslaws.

Appears in 1 contract

Samples: Dealer Agreement (KBS Real Estate Investment Trust II, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.