Waiver of Rights of Partition and Dissolution Sample Clauses

Waiver of Rights of Partition and Dissolution. Each Member (other than the Initial Member) hereby irrevocably waives all rights it may have at any time to maintain any action for division or sale of the Company Property as now or hereafter permitted under any applicable Law. Each Member (other than the Initial Member) hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Company as now or hereafter permitted under any applicable Law.
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Waiver of Rights of Partition and Dissolution. Each Partner waives all rights it may have at any time to maintain any action for partition or sale of any Partnership assets as now or hereafter permitted under applicable law. Each Partner waives its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Partnership as now or hereafter permitted under applicable law.
Waiver of Rights of Partition and Dissolution. Each of the Members hereby irrevocably waives all rights it may have at any time to maintain any action for dissolution of the Company, or division or sale of the Company Property, as now or hereafter permitted under the Act or any other applicable Law. Each Member hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the Company as now or hereafter permitted under the Act or any other applicable law. Subject to provisions of Law that cannot be waived by the Members and to circumstances involving a breach of this Agreement by the other Member, each Member covenants that it will not (except with the consent of Manager) file a xxxx for Company accounting. Nothing in this Section 10.1 limits the right of either Member to institute or maintain an appropriate action to enforce or exercise any right expressly granted to it under this Agreement.
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 18 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21 12.11 Compliance With Law; Severability 22 12.12 Power of Attorney 23 12.13 Submission to Jurisdiction; Waivers 23 Annex I – Certain Definitions TABLE OF CONTENTS (continued) Page Exhibits Exhibit ACertificate of Formation FNBN-CMLCON I LLC LIMITED LIABILITY COMPANY AGREEMENT THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (as the same may be amended or modified from time to time in accordance with the terms hereof, this “Agreement”), is made and effective as of February 20, 2009, by and among the Federal Deposit Insurance Corporation as Receiver (“Receiver”) for First National Bank of Nevada (“Initial Member”) and FNBN-CMLCON I LLC, a Delaware limited liability company (the “Company”).
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 19 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21 12.11 Compliance With Law; Severability 22 12.12 Power of Attorney 23 12.13 Submission to Jurisdiction; Waivers 23 Annex I – Certain Definitions TABLE OF CONTENTS (continued) Page Exhibits Exhibit ACertificate of Formation Exhibit B – Form of Loan Contribution and Assignment Agreement Exhibit C – Form of Participation and Servicing Agreement FNBN I, LLC LIMITED LIABILITY COMPANY AGREEMENT THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (as the same may be amended or modified from time to time in accordance with the terms hereof, this “Agreement”), is made and effective as of December 29, 2008, by and among the Federal Deposit Insurance Corporation as Receiver (“Receiver”) for First National Bank of Nevada (“Initial Member”) and FNBN I, LLC, a Delaware limited liability company (the “Company”).
Waiver of Rights of Partition and Dissolution. 18 12.2 Entire Agreement 18 12.3 Governing Law; Jurisdiction 18 12.4 Third Party Beneficiaries 18 12.5 Expenses 18 12.6 Waivers and Amendments 18 12.7 Notices 19 12.8 Counterparts; Facsimile Signatures 21 12.9 Successors and Assigns 21 12.10 Construction 21
Waiver of Rights of Partition and Dissolution. Each of the Parties hereby waives all rights it may have, at any time, to maintain any action for partition or sale of the JV Company's properties as now or hereafter permitted under any applicable statutes or other laws. Each of the Parties hereby waives and renounces its rights to seek a court decree of dissolution or to seek the appointment of a court receiver for the JV Company as now or hereafter permitted under any applicable statutes or other laws. Neither Party may effect a dissolution of the JV Company except as provided in this Agreement.
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Waiver of Rights of Partition and Dissolution. Sweetheart and ECC each hereby waive all rights it may have at any time to maintain any action for partition or sale of any of the assets in connection with the Principal Activity as now or hereafter permitted under applicable law. Sweetheart and ECC each hereby waives rights to seek a court decree of dissolution or to seek the appointment of a court receiver in connection with the Principal Activity as now or hereafter permitted under applicable law. EXECUTION COPY --------------

Related to Waiver of Rights of Partition and Dissolution

  • Termination and Dissolution of the contract

  • Liquidation and Dissolution If the Company is liquidated, the assets of the Company shall be distributed to the Member or to a Successor or Successors.

  • Duration and Dissolution The Partnership shall be dissolved and its affairs shall be wound up upon the first to occur of the following:

  • Term and Dissolution (a) The term of the Partnership shall continue in full force and effect until December 31, 2039, except that the Partnership shall be dissolved upon the first to occur of any of the following events:

  • Procedure for Winding Up and Dissolution If the Company is dissolved, the affairs of the Company shall be wound up. On winding up of the Company, the assets of the Company shall be distributed, first, to creditors of the Company in satisfaction of the liabilities of the Company, and then to the person(s) who is/are the Member(s) of the Company in proportion to the Member’s(s’) Interests.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

  • Limitation on Liability; Termination, Release and Discharge (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

  • Effect of Dissolution Except as otherwise provided in this Agreement, upon the dissolution of the Company, the Sole Member shall take such actions as may be required pursuant to the Act and shall proceed to wind up, liquidate and terminate the business and affairs of the Company. In connection with such winding up, the Sole Member shall have the authority to liquidate and reduce to cash (to the extent necessary or appropriate) the assets of the Company as promptly as is consistent with obtaining fair value therefor, to apply and distribute the proceeds of such liquidation and any remaining assets in accordance with the provisions of Section 8.3, and to do any and all acts and things authorized by, and in accordance with, the Act and other applicable laws for the purpose of winding up and liquidation.

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