Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and Special Member, if any, hereby irrevocably waives any right or power that the Member or Special Member, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and neither Member shall have the status of a creditor with respect to any distribution pursuant to Section 15 hereof. The interests of the Member in the Company is personal property.
Appears in 3 contracts
Sources: Amended and Restated Series 2013 G1 Supplement (Hertz Corp), Amended and Restated Group I Supplement (Hertz Corp), Group I Supplement to Base Indenture (Hertz Global Holdings Inc)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special MemberMembers, if any, hereby irrevocably waives any right or power that the Member or the Special MemberMembers, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and neither the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 15 16 hereof. The interests interest of the Member in the Company is personal property.
Appears in 3 contracts
Sources: Limited Liability Company Agreement, Limited Liability Company Agreement (Zipcar Inc), Limited Liability Company Agreement (Zipcar Inc)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special Member, if any, Member hereby irrevocably waives any right or power that the such Member or Special Member, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or or, to the fullest extent permitted by applicable law, to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and neither the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 15 hereofthis Agreement. The interests interest of the Member in the Company is personal property.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Capital Auto Receivables LLC), Limited Liability Company Agreement (Wholesale Auto Receivables LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member and the Special MemberMembers, if any, hereby irrevocably waives any right or power that the Member or the Special MemberMembers, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The Member shall not have any interest in any specific assets of the Company, and neither the Member shall not have the status of a creditor with respect to any distribution pursuant to Section 15 hereof15. The interests interest of the Member in the Company is personal property.
Appears in 2 contracts
Sources: Amended and Restated Series Supplement (Hertz Global Holdings Inc), Amended and Restated Series Supplement (Hertz Global Holdings Inc)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in this Agreement, to the fullest extent permitted by law, each of the Member, the Springing Members, any Special Member and Special Member, if any, any additional member admitted to the Company hereby irrevocably waives waive any right or power that the such Member or Special Member, if any, might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for all or any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. The No Member shall not have any interest in any specific assets of the Company, and neither no Member shall have the status of a creditor with respect to any distribution pursuant to Section 15 16 hereof. The interests interest of the Member Members in the Company is personal property.
Appears in 1 contract
Sources: Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC)
Waiver of Partition; Nature of Interest. Except as otherwise expressly provided in Section 9(d)(iii) of this Agreement, to the fullest extent permitted by law, each of the Member and Special Member, if any, the Springing Members and the Special Member hereby irrevocably waives any right or power that the Member or Special Member, if any, such Person might have to cause the Company or any of its assets to be partitioned, to cause the appointment of a receiver for receiver1 for’ all or of any portion of the assets of the Company, to compel any sale of all or any portion of the assets of the Company pursuant to any applicable law or to file a complaint or to institute any proceeding at law or in equity to cause the dissolution, liquidation, winding up or termination of the Company. , The Member shall not have any interest in any specific assets of the Company, and neither Member the Member’ shall not have the status of a creditor with respect to any distribution pursuant to Section 15 hereof16. The interests interest of the Member in the Company is personal property.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Bluerock Enhanced Multifamily Trust, Inc.)