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HomeMy WebLinkAbout0546 r he is puresing such Partnership Interest for long-term investment my and without current intention of resale. The execution of this Agreement by each Partner further indicates his understanding that the issuance of such Partner- ship Interest constitutes a private offering within the meaning of applicable Federal and Florida state securities laws: No holder of the Partnership Interest may transfer, pledge, or otherwise dispose of or encumber any Partnership Interest if in the opinion of the Partnership's legal counsel, such transfer or encumbrance (1) would result in the close of the Partnership's taxable year with respect to all Partners, (2) would result in the termination of the Partnership within the meaning of Section 708(b) of the Code, (3) would result in the termination of its status as a partnership under the Code, or (4) would not be in compliance with the Securities Act of 1933, as amended, the Florida Sale of Securities Law or the applicable securities laws of any other jurisdiction. I Any transfer, pledge or other disposition of a Partnership Interest made or attempted in contravention of the restrictions of Section 11.1, 11.2, or this Section 11.3 is void. 11.4 Death, Insanity or Incompetency of a Limited Partner: Upon the death or legal incompetence of an individual Lim tei d Partner, his personal representative shall have all of the rights of a Limited Partner for the purpose of settling or managing his estate, such power as the decedent or incom- petent possessed to transfer his Partnership Interest as provided in Sections 11.1 and 11.2, and such power as the decedent or incompetent possessed to consent to the admission of his assignee as a Substituted Limited Partner, as provided in Section 11.1. 11.5 Bankruptcy of a Limited Partner: If any Limited Partner shall take advantage of any bankruptcy or insolvency act, or if any insolvency petition shall be filed against any Limited Partner and a final adjudication of insolvency entered thereon, or if any Limited Partner shall make an assignment for the benefit of his creditors, then the other Partners rorata, in proportion to their respective Percentages of Partnership Interest, or in such other proportion as they shall otherwise agree upon) shall have the option (exercisable by giving notice thereof to such Limited Partner or his assignee, trustee in bankruptcy, receiver or other legal representative) to purchase all, but not less than all, of -22- E 6A~K3z2 PAGE 54s