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HomeMy WebLinkAbout1184.~ or any portion thereof, to or for the benefit of his spouse or issue, adopted or otherwise, either outright or in trust, and further providing that any such assignee shall be bound by the terms of this agreement insofar as it is applicable with the terms and objects of any such assignment; provided, that in the event ZANKL shall so convey his interest and if he shall not personally retain control thereof (whether as trustee or otherwise) or ZANKL shall not retain any portion (legal or equitable) of his original partnership interest, then TOMECEK and the assignee of ZANKL's partnership interest shall exercise the powers of the Controlling Partner by their mutual decision and action; provided, further, that in the event ~'OMECEK shall so convey his interest and if he shall not personally retain control-thereof (whether as trustee or otherwise) or TOMECEK shall not retain any portion (legal or equitable) of his original partnership interest, then ZANKL shall alone exercise such powers hereunder as shall be otherwise committed to the joint decision of ZANKL and TOMECEK. ~ XIII ADMISSION OF NEW PARTNERS New Partners may be admitted to the Partnership only-with the written unanimous consent of ZANKL and TOMECEK. In the event new Partners are added, the sums of money to be contributed~by the new Partner(s) shall be distributed in accordance with the written unanimous consent of ZANKL and TOMEC~K. The share of each new Partner in the profits and losses of the business shall be in pro- portion as shall be unanimously agreed upon in writing by ZANKI. and TOMECEK. XIV BANKING All funds of the Partnership shall be deposited in its name, in such checking account or acconnts as shall be agreed upon by ZANKL and TOMECEK. All withdrawals therefrom are to be made pursuant to the Banking Resolutions filed by the Partnership and signed by ZANKL and TOMECEK. - 6 - RooK34~ P~cEi181 -- ~: ___~.~.~ ~