CONTROL OF WINDING UP Clause Samples
The 'Control of Winding Up' clause defines who has the authority to oversee and make decisions regarding the dissolution or liquidation of a company or partnership. Typically, this clause outlines the process for initiating winding up, specifies which parties (such as directors, shareholders, or partners) must approve the action, and may set out procedures for distributing assets and settling liabilities. Its core practical function is to ensure that the winding up process is managed in an orderly and agreed-upon manner, preventing disputes and confusion among stakeholders during the closure of the business.
CONTROL OF WINDING UP. The winding up of the Company shall be conducted under the direction of the Board (the Board in such capacity hereinafter referred to as the "LIQUIDATOR"); provided, however, that if the dissolution is caused by entry of a decree of judicial dissolution pursuant to Section 5.1(d), the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The winding up of the Partnership shall be conducted under the direction of the Partnership Governance Committee; provided, however, that if the dissolution is caused by entry of a decree of judicial dissolution, the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The winding up of the Company shall be conducted under the direction of the Manager or such other Person as may be designated by a court of competent jurisdiction (herein sometimes referred to as the “Liquidator”); provided that any Member whose breach of this Agreement shall have caused the dissolution of the Company (and the representatives appointed by such Member) shall not participate in the control of the winding up of the Company; and provided, further, that if the dissolution is caused by entry of a decree of judicial dissolution, the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The winding up of the Partnership shall be conducted under the direction of the Board (the Board in such capacity hereinafter referred to as the "LIQUIDATOR"); provided, however, that any Partner who caused the dissolution of the Partnership in contravention of this Agreement shall not participate in the control of the winding up of the Partnership and provided further, that if the dissolution is caused by entry of a decree of judicial dissolution pursuant to Section 8.2(b), the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The winding up of the Partnership shall be conducted under the direction of (i) the General Partner, or (ii) if there is no General Partner, then a Person selected by all of the Limited Partners (such Person hereinafter referred to as the “Liquidator”); provided, however, that any Partner who caused the dissolution of the Partnership in contravention of this Agreement shall not participate in the control of the winding up of the Partnership and provided further, that if the dissolution is caused by entry of a decree of judicial dissolution pursuant to Section 10.2(e), the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The Member shall have all the duties and responsibilities associated with winding up the Company’s affairs. The Member shall determine the time, manner, and terms of the sale of the Company assets, consistent with his fiduciary responsibilities and having due regard to the activity and condition of the relevant market and general financial and economic conditions.
CONTROL OF WINDING UP. The winding up of the Partnership shall be conducted under the direction of the Partnership Governance Committee; PROVIDED, HOWEVER, that (i) if OCC GP and OCC LP are then Defaulting Partners and Geon LP is a Non-Defaulting Partner, such winding-up shall be conducted under the direction of Geon LP, and (ii) if the dissolution is caused by entry of a decree of judicial dissolution, the winding-up shall be carried out in accordance with such decree. The term "Liquidator" shall mean the Person or committee conducting such winding-up of the Partnership.
CONTROL OF WINDING UP. The winding up of the Company shall be conducted under the direction of an Officer appointed by the Member (such Officer in such capacity hereinafter referred to as the “Liquidator”); provided, however, that if the dissolution is caused by entry of a decree of judicial dissolution pursuant to Section 5.1(b), the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. The winding up of the Company shall be conducted by BTL, as liquidator (the "Liquidator"). If the dissolution is caused by entry of a decree of judicial dissolution, the winding up shall be carried out in accordance with such decree.
CONTROL OF WINDING UP. Member shall have all the duties and responsibilities associated with the dissolution and winding up of the Company; provided however, if the dissolution was caused by the entry of a decree of judicial dissolution pursuant to Section 8.1(d), the winding up shall be carried out in accordance with such decree (the party conducting such winding up is hereinafter referred to as “Liquidator”).