Common use of Appointment and Duties of the Manager Clause in Contracts

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 30 contracts

Samples: Management and Advisory Agreement (Drive Shack Inc.), Management and Advisory Agreement (New Media Investment Group Inc.), Management and Advisory Agreement (Newcastle Investment Corp)

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Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets of the Company and its Subsidiaries subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 5 contracts

Samples: Management Agreement (Resource Capital Corp.), Management Agreement (Resource Capital Corp.), Management Agreement (Resource America, Inc.)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 3 contracts

Samples: Management Agreement (Deerfield Triarc Capital Corp), Management Agreement (GSC Capital Corp), Management Agreement (Resource Capital Corp.)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third partiesparties or affiliates, including pursuant to the FIG Management Agreement.

Appears in 2 contracts

Samples: Gatehouse Management and Advisory Agreement (New Media Investment Group Inc.), Gatehouse Management and Advisory Agreement (New Media Investment Group Inc.)

Appointment and Duties of the Manager. (a) The Effective as of the Purchase Agreement Closing Date, the Company hereby appoints the Manager to manage the assets of the Company and the Wind-Down, subject to the further terms and conditions set forth in this Agreement Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms and conditions of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 2 contracts

Samples: Interim Management Agreement (Spirit Realty, L.P.), Interim Management Agreement (Spirit MTA REIT)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 2 contracts

Samples: Management Agreement (Cypress Sharpridge Investments, Inc.), Management Agreement (Cypress Sharpridge Investments, Inc.)

Appointment and Duties of the Manager. (a) The Each of the Company and each Subsidiary hereby appoints the Manager to manage the assets of the Company Assets subject to the further terms and conditions set forth in this Agreement Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 1 contract

Samples: Management Agreement (Highland Financial Partners, L.P.)

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Appointment and Duties of the Manager. (a14) The Company hereby appoints the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 1 contract

Samples: Management and Advisory Agreement (Newcastle Investment Corp)

Appointment and Duties of the Manager. (a) The Company General Partner hereby appoints the Manager to manage the assets of the Company Partnership consistent with the terms of the Partnership Agreement and subject to the further terms and conditions set forth in this Agreement and the Agreement. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that that, the Manager elects, pursuant to the terms of this Agreement, elects to cause the duties of the Manager hereunder to be provided by third partiesparties pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Services Agreement (Markwest Energy Partners L P)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the assets business of the Company and its Subsidiaries subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties. The Manager shall exercise its powers and discharge its duties hereunder in good faith.

Appears in 1 contract

Samples: Management Agreement (Atlas Energy Resources, LLC)

Appointment and Duties of the Manager. (a) The Company REIT and the Operating Partnership hereby appoints appoint the Manager to manage the assets of the Company subject to the further terms and conditions set forth in this Agreement and the Manager hereby agrees to shall use its commercially reasonable efforts to perform each of the duties set forth herein. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 1 contract

Samples: Management and Advisory Agreement (Fortress Investment Corp)

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