Common use of No Partition Clause in Contracts

No Partition. No Member shall have the right to partition any of the Company’s Projects or interests in any Project nor shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereof, and upon any breach of the provisions of this Section 10.2 by a Member, the other Members shall be entitled to a decree or order restraining or enjoining such application, actions, or proceedings in addition to all other rights and remedies afforded by law or equity.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (CBL & Associates Limited Partnership), Framework Agreement (MPG Office Trust, Inc.), Limited Liability Company Agreement (Maguire Properties Inc)

No Partition. No Member shall have the right to partition any of the Company’s Projects or interests in any Project nor shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereof, and upon any breach of the provisions of this Section 10.2 11.3 by a Member, the other Members shall be entitled to a decree or order restraining or enjoining such application, actions, or proceedings in addition to all other rights and remedies afforded by law or equity.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Regency Centers Corp), Limited Liability Company Agreement (Regency Centers Lp)

No Partition. No Member shall have the right to partition any of the Company’s 's Projects or interests in any Project nor shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereof, and upon any breach of the provisions of this Section 10.2 Article by a Member, the other Members shall be entitled to a decree or order restraining or enjoining such application, actions, or proceedings in addition to all other rights and remedies afforded by law or equity.

Appears in 1 contract

Sources: Operating Agreement (Burnham Pacific Properties Inc)

No Partition. No Member shall have the right to partition any property of the Company during the term of the Company’s Projects or interests in any Project , nor shall a any Member make application to any court or authority to having jurisdiction in the matter or commence or prosecute any action or proceeding for a partition and the sale thereof, and upon any breach of the provisions of this Section 10.2 by a Member, the other Members Member, in addition to all rights and remedies at law and in equity it may have or claim, shall be entitled to a decree or other restraining order restraining or enjoining such application, actions, action or proceedings in addition to all other rights and remedies afforded by law or equityproceeding.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Tejon Ranch Co)

No Partition. No Member shall have the right to partition any of the Company’s Projects assets, or interests in any Project assets, of the Company, nor shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereofof any Company asset or interest and, and upon any breach of the provisions of this Section 10.2 6.4 by a any Member, the other Members Member (in addition to all rights and remedies afforded by law or equity) shall be entitled to a decree or order restraining or enjoining such the application, actions, action or proceedings in addition to all other rights and remedies afforded by law or equityproceeding.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Clarksburg Skylark, LLC)

No Partition. No Member shall have the right to partition any property of the Company’s Projects , or interests in any Project interest therein, nor shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereof, and upon any breach of the provisions of this Section 10.2 10.11 by a Member, the other Members Member shall be entitled to a decree or order restraining or enjoining such application, actionsaction or proceedings, or proceedings in addition to all other rights and remedies afforded by law or equity.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Colony American Homes, Inc.)

No Partition. No Member shall have the right to partition the Company or its assets or any part thereof or interest therein, or to file a complaint or institute any proceeding at law or in equity to partition the Company or its assets or any part thereof or interest therein. Each Member, for such Member and its successors and assigns, hereby waives any such rights. The Members intend that, during the term of this Agreement, the rights of the Company’s Projects or interests Members and their successors in any Project nor interest, as among themselves, shall a Member make application to any court or authority to commence or prosecute any action or proceeding for a partition thereof, and upon any breach of be governed solely by the provisions terms of this Section 10.2 Agreement and by a Member, the other Members shall be entitled to a decree or order restraining or enjoining such application, actions, or proceedings in addition to all other rights and remedies afforded by law or equityAct.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Avalonbay Communities Inc)

No Partition. No Member shall have the right to partition any property of the Company’s Projects or interests in any Project Company during the term of this Agreement nor shall a any Member make application to any court or authority to having jurisdiction in the matter or commence or prosecute any action or proceeding for a partition and the sale thereof, and upon any breach of the provisions of this Section 10.2 by a any Member, the other Members Member, in addition to all rights and remedies at law and in equity it may have or claim, shall be entitled to a decree or other restraining order restraining or enjoining such application, actions, action or proceedings in addition to all other rights and remedies afforded by law or equityproceedings.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Mountain Falls, LLC)