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HomeMy WebLinkAbout0543 • i 1 - } under the provisions of Sections 10.4 and 12.1(B) and Article XVI shai-1 be effective or binding upon the Partnership unless the Partnership shall have first received a written opinion of counsel for the Partnership that such contemplated action, if taken, will not: (a) adversely affect the tax or partnership status of the Partnership, (b) violate any relevant provision of law, or (c) extend the liability of the Limited Partners hereunder. 10.3 Votin Ri hts: Whenever the Partners are entitled, by-this Agreement or y the Act, to vote on a particular matter, each.Partner shall be entitled to cast his votes in proportion to his Units of Partnership Interest, or the Units of Partnership Interest he is deemed to-hold as provided in Section 11.6. 10.4 Removal of a General Partner: Upon the written affirmative vote o Partners o ing seventy-five percent (75%) of the Units of Partnership Interest entitled to vote, ' a General Partner may be removed for cause; provided, however, that if the General Partner being removed is the sole remaining individual- General Partner, the Limited Partners holding more than fifty percent (50%) of the Units of Partnership Interest then outstanding and entitled to vote shall appoint a new General Partner, who shall become the Managing General Partner. No proposed-successor Managing ~ General Partner, who is not yet a Partner in the Partnership, may become the Managing General-Partner without the written consent of all Partners. If the proposed new General Partner (Managing General Partner) is not approved by all Partners, the Partners must propose another successor General Partner (Managing General Fanner). The General Partner so removed will from the moment of his removal onwards become a Limited 4 Partner. ARTICLE XI Assignability of Partnership Interest 11.1 Requirements for Assi ent: The Partnership Interest of each Limite Partner shall be assignable; ~ provided, however, that the assignee shall not become a Substituted Limited Partner unless: ~ (A) The assignee Limited• Partner so provides in ~ the instrument of assignment; ~ ~ -19- BOOK322 P~cE 543