Common use of Management by Board of Managers Clause in Contracts

Management by Board of Managers. (a) Except for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable provisions of the Act, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 15 contracts

Samples: Operating Agreement, Operating Agreement (South Dakota Soybean Processors LLC), Operating Agreement

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Management by Board of Managers. (a) Except for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable provisions of the ActAct and, except for those powers delegated to the Managing Member, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, ; and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 3 contracts

Samples: Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC), Operating Agreement (Great Plains Ethanol LLC)

Management by Board of Managers. (a) Except for situations in matters for which the approval of the any Member or Members is required by this Operating Agreement or by nonwaivable non-waivable provisions of the Act, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of managers, who shall be referred to in this Agreement individually as a “Manager” or collectively as the Board of Managers, and who shall act as a board (when acting as a board, the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for are referred to in this Operating Agreement, including, without limitation, Agreement as the following:“Board”).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hi-Crush Partners LP)

Management by Board of Managers. (a) Except for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable non waivable provisions of the Act, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 1 contract

Samples: Operating Agreement (Northern Growers LLC)

Management by Board of Managers. (a) Except for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable provisions of the ActAct and, except for those powers delegated to the Managing Member, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, ; and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 1 contract

Samples: Operating Agreement

Management by Board of Managers. (a) Except for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable non waivable provisions of the Act, and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 1 contract

Samples: Operating Agreement

Management by Board of Managers. (a) Except for situations in which when the approval of the Members is required by this Operating Agreement or by nonwaivable provisions of the Act, Act and subject to the provisions of Section 8.2, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managers, ; and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:

Appears in 1 contract

Samples: Operating Agreement (Western Plains Energy LLC)

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Management by Board of Managers. (a) Except for situations in which the approval of the one or more Members is expressly required by this Operating Agreement or by nonwaivable provisions of the Actapplicable law, and subject to the provisions of Section 8.2, (i) the powers of the Company, including, without limitation, converting the Company into a corporation in accordance with Section 216 of the Act and any merger or consolidation of the Company with any other Person pursuant to Section 18-209 of the Act, shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managersof, and the a Board of Managers (the “Board”; and each member thereof being referred to herein as a “Manager”) and (ii) the Board may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:.

Appears in 1 contract

Samples: Limited Liability Company Agreement (KC Holdco, LLC)

Management by Board of Managers. (a) Except for situations in which the approval of the one or more Members is expressly required by this Operating Agreement or by nonwaivable provisions of the Actapplicable law, and subject to the provisions of Section 8.2, (i) the powers of the Company, including, without limitation, converting the Company into a corporation in accordance with Section 265 of the Delaware General Corporation Law, shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of the Board of Managersof, and the a Board of Managers (the “Board,” and each member thereof being referred to for purposes of this Agreement as a “Director”) and (ii) the Board may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the following:.

Appears in 1 contract

Samples: License Agreement (Viamet Pharmaceuticals Holdings LLC)

Management by Board of Managers. (a) Except those matters for situations in which the approval of the Members is required by this Operating Agreement or by nonwaivable any non-waivable provisions of the Act, and subject to the provisions of Section 8.25.3 hereof, the powers and privileges of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed under the direction of of, the Company’s Managers and not by the Members. Without limiting the forgoing, the Board of Managers, and the Board of Managers may make all decisions and take all actions for the Company not otherwise provided for in this Operating Agreement, including, without limitation, the followingmay:

Appears in 1 contract

Samples: Operating Agreement

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