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 day-to-day operations of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement 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, provided that funds are made available by the Company for such purposes as set forth in Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 12 contracts

Samples: Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Orchid Island Capital, Inc.), Management Agreement (Anworth Mortgage Asset Corp)

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Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the investments and day-to-day operations of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, the Board of DirectorsBoard. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that funds are made available by the Company for such purposes as set forth in Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 7 contracts

Samples: Management Agreement (American Realty Capital Properties, Inc.), Agreement and Plan of Merger (American Realty Capital Trust III, Inc.), Management Agreement (American Realty Capital Properties, Inc.)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the investments and day-to-day operations of the Company and its Subsidiaries, subject at all times to the supervision and direction of the Board of Directors, the further terms and conditions set forth in this Agreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, by the Board of Directors. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that funds are made available by the Company for such purposes as set forth in Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 4 contracts

Samples: Management Agreement (American Capital Mortgage Investment Corp.), Management Agreement (American Capital Mortgage Investment Corp.), Management Agreement (American Capital, LTD)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the investments and day-to-day operations of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement 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, provided that funds are made available by the Company for such purposes as set forth in Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties, including Affiliates of the Manager.

Appears in 2 contracts

Samples: Management Agreement (Bimini Capital Management, Inc.), Management Agreement (FlatWorld Acquisition Corp.)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager Manager, as agent, to manage the investments Assets and the day-to-day operations business and affairs of the Company and its SubsidiariesSubsidiaries (other than any Securities Subsidiary), subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of, and such further limitations or parameters of the Board. Except as may be imposed from time to time byotherwise provided in this Agreement, the Board of Directors. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that funds are made available by the Company reimburses the Manager for such purposes as set forth costs and expenses in accordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third partiesparties and/or its Affiliates.

Appears in 2 contracts

Samples: Management Agreement (Cim Real Estate Finance Trust, Inc.), Management Agreement (Cole Credit Property Trust Iv, Inc.)

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Appointment and Duties of the Manager. (a) The Company Service Recipients hereby appoints appoint the Manager to manage the investments implement their business strategy and day-to-day operations of the Company provide executive and its Subsidiariesmanagement services, subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, the Board of Directorsrelevant Governing Body. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that funds are made available by the Company Service Recipients for such purposes as set forth in Section 7 hereof7. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 2 contracts

Samples: Management Agreement (RCS Capital Corp), Management Agreement (RCS Capital Corp)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager to manage the investments and day-to-day operations of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement 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, provided that funds are made available by the Company for such purposes as set forth in Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third parties.

Appears in 1 contract

Samples: Management Agreement (Arbolada Capital Management Co)

Appointment and Duties of the Manager. (a) The Company hereby appoints the Manager Manager, as agent, to manage the investments and day-to-day operations business and affairs of the Company and its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement (including the Investment Guidelines) and to the supervision of, and such further limitations or parameters of the Board. Except as may be imposed from time to time byotherwise provided in this Agreement, the Board of Directors. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, provided that funds are made available by the Company reimburses the Manager for such purposes as set forth costs and expenses in accordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager, except to the extent that the Manager elects, in its sole and absolute discretion, in accordance with subject to the terms of this Agreement, to cause the duties of the Manager as set forth herein to be provided by third partiesparties and/or its Affiliates.

Appears in 1 contract

Samples: Management Agreement (LoanCore Realty Trust, Inc.)

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