No Partition. Notwithstanding any other provision hereof or of any governing law, no Member shall have the right of partition with respect to any property of the Company during the term hereof; nor shall any Member make application to any court or authority having jurisdiction in the matter, or otherwise commence or prosecute any action or proceeding for partition of Company property or the sale thereof. Upon any breach of the provision of this paragraph, the Company and each other Member, in addition to any other rights or remedies which they have at law or in equity, shall be entitled to a decree or other order restraining and enjoining any such application, action or proceeding.
Appears in 10 contracts
Sources: Limited Liability Company Agreement (Beazer Homes, LLC), Operating Agreement (Beazer Homes Sales, Inc), Operating Agreement (Beazer Homes Texas Lp)
No Partition. Notwithstanding any other provision hereof or of any governing law, no No Member shall have the right of to partition with respect to any property of the Company during the term hereof; of the Company, nor shall any Member make application to any court or authority having jurisdiction in the matter, matter or otherwise commence or prosecute any action or proceeding for partition of Company property or and the sale thereof. Upon , and upon any breach of the provision provisions of this paragraphSection by a Member, the Company and each any other Member, in addition to any other all rights or and remedies which they have at law and in equity it may have or in equityclaim, shall be entitled to a decree or other restraining order restraining and enjoining any such application, action or proceeding.
Appears in 3 contracts
Sources: Limited Liability Company Agreement, Limited Liability Company Agreement (Tejon Ranch Co), Limited Liability Company Agreement (Tejon Ranch Co)