Appointment of Managing Member. By their execution of this Agreement, the Members holding Voting Shares appoint Xxxxxx Xxxxxxxx as Managing Member.
Appointment of Managing Member. Initially, the Managing Member of the Company shall be Automation Holdings, LLC.
Appointment of Managing Member. CHP will be the initial Managing Member of the Company with the rights and responsibilities set forth in this Agreement. The rights of the Managing Member may not be assigned to any other Person whether voluntarily or by operation of law. The duties of the Managing Member may not be delegated to any other Person whether voluntarily or by operation of law. Nothing in the preceding sentence is intended to prohibit or restrict the Managing Member from engaging a CHP Person, a Montecito Person, facility managers, accountants, lawyers and other professional and independent service providers for the purpose of performing services for the Company.
Appointment of Managing Member. Subject to the limitations herein, and to the express rights afforded Limited Members herein, including, without limitation, the rights set forth in Articles 7 and 11 herein, the Special Managing Member, the Acquisition Member and the Limited Members delegate to the Managing Member the sole and exclusive authority for all aspects of the conduct, operation and management of the business of the Company, including making any decision regarding the sale, exchange, lease or other disposition of the Properties; provided, however, that the Managing Member shall be required to obtain the prior consent of (i) a 75% majority of the Limited Members, by interest, excluding any Units held by the Managing Members, to the sale of all or substantially all of the assets of the Company; or (ii) a majority of the Limited Members, by interest, excluding any Units held by the Managing Members to any material change to the investment objectives and policies of the Company as described in the Prospectus. In the event the Managing Member proposes to cause the Company to enter into a transaction requiring the consent of the Special Managing Member, the Managing Member shall forthwith notify the Special Managing Member of its intentions in writing. The Special Managing Member shall be considered to have consented to such proposal if he fails to notify the Managing Member of his objection thereto within 20 days of the date of notice of such proposal. Any notification concerning an objection shall include a brief statement of each reason for the Special Managing Member's opposition to such proposal. With the exceptions stated above, the Managing Member shall have the exclusive authority to make all decisions affecting the Company and to exercise all rights and powers granted to the Managing Members.
Appointment of Managing Member. (a) Except as provided in Section 4.2 hereof or as otherwise set forth in this Agreement, the management of the Company and the Subsidiaries shall be fully vested in FXREE as Managing Member of the Company and FXREE hereby accepts such appointment and agrees to be bound by the provisions of this Agreement in its capacity as a Member hereunder and in its capacity as Managing Member. Subject to Section 4.2, the Managing Member shall be fully vested with the authority to manage the assets, business and affairs of the Company and the Subsidiaries, with all rights and powers and the full authority necessary, desirable or convenient to administer and operate the same for Company purposes, including to, directly or indirectly, take or omit whatever action for Company purposes that the Managing Member may, in the Managing Member’s sole discretion, deem necessary or desirable to carry out the Company’s purposes, and to make all decisions and do all things necessary or desirable in connection therewith.
(b) The Members, in their capacity as members of the Company, shall have no part in the management of the Company or the Subsidiaries and shall have no authority to, or right to, act on behalf of or bind the Company or the Subsidiaries in connection with any matter, nor have any voting rights, except as set forth in this Agreement.
(c) The Managing Member may resign at any time upon written notice to the Members; provided, however, that prior to the effectiveness of any such resignation, the Member that is not the Managing Member at such time shall provide for a substitute Managing Member.
Appointment of Managing Member. By the Members’ execution of this Agreement, IBGI is appointed as Managing Member.
Appointment of Managing Member. CHT will be the initial Managing Member of the Company with the rights and responsibilities set forth in this Agreement. The rights of the Managing Member may not be assigned to any other Person whether voluntarily or by operation of law. The duties of the Managing Member may not be delegated to any other Person whether voluntarily or by operation of law. Nothing in the preceding sentence is intended to prohibit or restrict the Managing Member from engaging a CHT Person, a GCI Person, facility managers, accountants, lawyers and other professional and independent service providers for the purpose of performing services for the Company.
Appointment of Managing Member. Xxxxxxx X. Xxxxxxx, trustee of the Xxxxxxx X. Xxxxxxx Trust, is hereby appointed the Managing-Member of the Company (the “Managing-Member”). Xxxxxxx X. Xxxxxxx shall serve as Managing-Member until a new Managing-Member is approved by unanimous approval of the Members.
Appointment of Managing Member. TurboChef, as Managing Member, exclusively shall manage the assets, affairs, and operations of the Company. Except as otherwise expressly provided herein, no Member other than the Managing Member may have any part in or interfere in any manner with the management or control of the Company, nor does any Member other than the Managing Member have any authority or right to act on behalf of the other Members or to bind the Company in connection with any matter, except as otherwise expressly provided herein.
Appointment of Managing Member. CNL will be the Managing Member (“Managing Member”) of the Company with the rights and responsibilities set forth in this Agreement. The rights of the Managing Member may not be assigned to any other Person whether voluntarily or by operation of law. The duties of the Managing Member may not be delegated to any other Person whether voluntarily or by operation of law. Nothing in the preceding sentence is intended to prohibit or restrict the Managing Member from engaging a Sunrise Person, accountants, lawyers and other professional and independent service providers for the purpose of performing services for the Company.
