Limitations on General Partner's Power and Authority. Not- withstanding the provisions of this Article IX, the General Partner shall not: (a) except as required by Section 9.4, act in contravention of this Agreement; (b) act in any manner which would make it impossible to carry on the ordinary business of the Partnership; (c) confess a judgment against the Partnership; (d) possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership; (e) admit a Person as a General Partner except as provided in this Agreement; (f) admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement; (g) violate any provision of the Mortgage; (h) cause the Apartment Housing apartment units to be rented to anyone other than Qualified Tenants; (i) violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment Housing; (j) cause any recapture of the Tax Credits; (k) permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor; (l) commingle funds of the Partnership with the funds of another Per- son; or (m) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless the General Partner has received said Consent.
Appears in 1 contract
Sources: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 6)
Limitations on General Partner's Power and Authority. Not- withstanding Notwithstanding the foregoing provisions of this Article IX, the General Partner shall not:
(a) except as required by Section 9.4, act Act in contravention of this Agreement;
(b) act Act in any manner which would make it impossible to carry on the ordinary business of the Partnership;
(c) confess Confess a judgment against the Partnership;
(d) possess Possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership;
(e) admit Admit a Person as a General Partner except as provided in this Agreement;
(f) admit Admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement;
(g) violate any provision of Violate the MortgageMortgage Loan or Mortgage Note;
(h) cause Cause the Apartment Housing Project apartment units to be rented to anyone other than Qualified Tenants;
(i) violate Violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment HousingProject;
(j) cause Cause any recapture of the Tax Credits;
(k) permit Permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor;; or
(l) commingle Commingle funds of the Partnership with the funds of another Per- sonPerson; or
(m) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless provided, however, that the General Partner has received said Consentmay establish a master fiduciary account pursuant to which separate subtrust accounts are established for the benefit of affiliated limited partnerships, provided that Partnership funds are protected from claims of such other partnerships and/or their creditors.
Appears in 1 contract
Sources: Limited Partnership Agreement (WNC Housing Tax Credit Fund v Lp Series 4)
Limitations on General Partner's Power and Authority. Not- withstanding Including but not limited to the provisions of other terms, conditions, limitations, or restrictions contained in this Article IXPartnership Agreement , the General Partner shall not:
(a) except as required by Section 9.4, act Act in contravention of this Agreement;
(b) act Act in any manner which would make it impossible to carry on the ordinary business of the Partnership;
(c) confess Confess a judgment against the Partnership;
(d) possess Possess Partnership property, or assign the Partner's right in specific Partnership property, for other than the exclusive benefit of the Partnership;
(e) admit Admit a Person as a General Partner except as provided in this Agreement;
(f) admit Admit a Person as a Limited Partner or Special Limited Partner except as provided in this Agreement;
(g) violate any provision of Violate the MortgageMortgage Loan or Mortgage Note;
(h) cause Cause the Apartment Housing Project apartment units to be rented to anyone other than Qualified Tenants;
(i) violate Violate the Minimum Set-Aside Test or the Rent Restriction Test for the Apartment HousingProject;
(j) cause Cause any recapture of the Tax Credits;
(k) permit Permit any creditor who makes a nonrecourse loan to the Partnership to have, or to acquire at any time as a result of making such loan, any direct or indirect interest in the profits, income, capital or other property of the Partnership, other than as a secured creditor;; or
(l) commingle Commingle funds of the Partnership with the funds of another Per- son; or
(m) take any action which requires the Consent of the Special Limited Partner or the consent of the Limited Partner unless Person provided, however, that the General Partner has received said Consentmay establish a master fiduciary account pursuant to which separate subtrust accounts are established for the benefit of affiliated limited partnerships, provided that Partnership funds are protected from claims of such other partnerships and/or their creditors.
Appears in 1 contract
Sources: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 5)