Ambiguity. In the case of an ambiguity in the application of any of the provisions of this Section 8.2, Section 8.3 or any definition contained in Section 8.1, the Board of Directors shall have the power to determine the application of the provisions of this Section 8.2 or Section 8.3 with respect to any situation based upon the facts known to it. If Section 8.2 or 8.3 requires an action by the Board of Directors and this Agreement does not contain a specific provision authorizing such action, the Board of Directors shall have the power to determine the action to be taken so long as such action is not contrary to the provisions of Section 8.1, Section 8.2 or Section 8.3.
Appears in 13 contracts
Samples: Limited Liability Company Agreement (Travelcenters of America LLC), Limited Liability Company Agreement (Travelcenters of America LLC), Limited Liability Company Agreement (Travelcenters of America LLC)
Ambiguity. In the case of an ambiguity in the application of any of the provisions of this Section 8.211.2, Section 8.3 11.3 or any definition contained in Section 8.111.1, the Board of Directors shall have the power to determine the application of the provisions of this Section 8.2 11.2 or Section 8.3 11.3 with respect to any situation based upon on the facts known to it. If Section 8.2 11.2 or 8.3 11.3 requires an action by the Board of Directors and this Agreement does not contain a fails to provide specific provision authorizing guidance with respect to such action, the Board of Directors shall have the power to determine the action to be taken so long as such action is not contrary to the provisions of Section 8.1Sections 11.1, Section 8.2 11.2 or Section 8.311.3.
Appears in 6 contracts
Samples: Limited Liability Company Operating Agreement (Greenbacker Renewable Energy Co LLC), Limited Liability Company Operating Agreement (Greenbacker Renewable Energy Co LLC), Limited Liability Company Operating Agreement (Greenbacker Renewable Energy Co LLC)
Ambiguity. In the case of an ambiguity in the application of any of the provisions of this Section 8.27.2, Section 8.3 7.3, or any definition contained in Section 8.17.1, the Board of Directors of the Corporation shall have the power to determine the application of the provisions of this Section 8.2 7.2 or Section 8.3 7.3 with respect to any situation based upon on the facts known to it. If In the event Section 8.2 7.2 or 8.3 7.3 requires an action by the Board of Directors and this Agreement does not contain a the Charter fails to provide specific provision authorizing guidance with respect to such action, the Board of Directors shall have the power to determine the action to be taken so long as such action is not contrary to the provisions of Section 8.1Sections 7.1, Section 8.2 7.2 or Section 8.37.3.
Appears in 2 contracts
Samples: Equityholders Agreement, Equityholders Agreement (Gazit-Globe LTD)
Ambiguity. In the case of an ambiguity in the application of any of the provisions of this Section 8.27.2, Section 8.3 7.3 or any definition contained in Section 8.17.1, the Board of Directors shall have the power to may determine the application of the provisions of this Section 8.2 7.2 or Section 8.3 7.3 or any such definition with respect to any situation based upon on the facts known to itit at such time. If In the event Section 8.2 7.2 or 8.3 7.3 requires an action by the Board of Directors and this Agreement does not contain a the Charter fails to provide specific provision authorizing guidance with respect to such action, the Board of Directors shall have the power to determine the action to be taken so long as such action is not contrary to the provisions of Section 8.1, Section 8.2 or Section 8.3.Directors
Appears in 1 contract
Samples: Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
