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 Investments and provide the Origination Services, 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. Unless otherwise provided, the appointment gives the Manager discretionary authority over the Investments and in the performance of the Portfolio Management Services, the Monitoring Services and the Origination Services, each as defined below. 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. Whenever in this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of Directors.

Appears in 2 contracts

Samples: Management Agreement (Claros Mortgage Trust, Inc.), Management Agreement (Claros Mortgage Trust, Inc.)

AutoNDA by SimpleDocs

Appointment and Duties of the Manager. (a) The Company and each Subsidiary that becomes a party to this Agreement each hereby appoints appoint the Manager to manage the Investments and provide the Origination Services, Assets 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. Unless otherwise provided, the this appointment gives the Manager discretionary authority over the Investments Assets and in the performance of the Portfolio Management Services, the Monitoring Services and the Origination Services, each as defined below. 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. Whenever in this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of Directors.

Appears in 2 contracts

Samples: Management Agreement (Annaly Capital Management Inc), Management Agreement (Annaly Capital Management Inc)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the Investments assets, investments and provide day-to-day operations of the Origination Services, Company subject at all times to the further terms and conditions set forth in this AgreementAgreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, the Board of Directors. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. Unless otherwise provided, the appointment gives the Manager discretionary authority over the Investments and in the performance of the Portfolio Management Services, the Monitoring Services and the Origination Services, each as defined below. 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. Whenever in this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of Directors.

Appears in 1 contract

Samples: Form of Management Agreement (Galiot Capital CORP)

Appointment and Duties of the Manager. (a) The Company Each of the Company, each Subsidiary and any Additional Party hereby appoints the Manager to manage the Investments Assets and provide the Origination Servicesday-to-day operations of the Company, each of the Subsidiaries and any Additional Party, 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. Unless otherwise provided, the appointment gives the Manager discretionary authority over the Investments and in the performance of the Portfolio Management Services, the Monitoring Services and the Origination Services, each as defined below. 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. Whenever parties in accordance with this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of DirectorsAgreement.

Appears in 1 contract

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

AutoNDA by SimpleDocs

Appointment and Duties of the Manager. (a) The Company and the Operating Partnership hereby appoints appoint the Manager to manage the Investments assets and provide the Origination Services, day-to-day operations of the Company and its Subsidiaries 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. Unless otherwise providedherein except where a higher standard of care is specified in this Agreement, the appointment gives the Manager discretionary authority over the Investments and in the performance which case such higher standard of the Portfolio Management Services, the Monitoring Services and the Origination Services, each as defined belowcare shall apply. 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. Whenever in this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of Directors.

Appears in 1 contract

Samples: Management Agreement (Aspen REIT, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.