Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are any, shall perform such duties and have such powers as from time to time may be assigned to them by the Member, the President, any Vice President, if there are any appointed, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 46 contracts
Samples: Operating Agreement of Frontier Waste Services (Environtech Inc.), Operating Agreement (Environtech Inc.), Operating Agreement (Environtech Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointed, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 9 contracts
Samples: Subscription Agreement (Marshall Holdings International, Inc.), Administrative Services Agreement (Egpi Firecreek, Inc.), Plan and Agreement (Human Biosystems Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Managers, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his the Secretary’s disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Excelsior Private Markets Fund III (TE), LLC), Limited Liability Company Agreement (Excelsior Private Markets Fund III (Master), LLC), Limited Liability Company Agreement (Excelsior Private Markets Fund III (TI), LLC)
Assistant Secretaries. Except Each Assistant Secretary, if elected, shall have the usual powers and duties pertaining to his office, together with such other powers and duties as may be otherwise provided designated in this Agreement, Assistant Secretaries, if there are any, shall perform such duties Agreement and have such powers as from time to time may be assigned to them him by the Member, the President, any Vice President, if there are any appointed, President or the Secretary, and in managers. The Assistant Secretaries shall exercise the absence powers of the Secretary during that officer’s absence or in the event of his disability inability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Brasdril Sociedade De Perfuracoes Ltda.), Limited Liability Company Agreement (Brasdril Sociedade De Perfuracoes Ltda.), Limited Liability Company Agreement (Brasdril Sociedade De Perfuracoes Ltda.)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 7 contracts
Samples: Business Combination Agreement (HighPeak Energy, Inc.), Business Combination Agreement (Pure Acquisition Corp.), Business Combination Agreement (HighPeak Energy, Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are any, shall perform such duties and have such powers as from time to time may be assigned to them by the Member, the President, any Vice President, if there are any appointed, or the Secretary, and in In the absence of the Secretary or in the event of his disability the Secretary’s inability or refusal to act, the Assistant Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order designated or, in the absence of any designation, then in the order of their election), shall perform the duties of the Secretary, and when so acting, shall have all exercise the powers of the Secretary and be subject shall perform such other duties and have such other powers as the Managers, the Chief Executive Officer or the Secretary may from time to all the restrictions upon the Secretarytime prescribe.
Appears in 5 contracts
Samples: Operating Agreement (LifeCare Holdings, Inc.), Operating Agreement (LifeCare Holdings, Inc.), Operating Agreement (LifeCare Holdings, Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability the Secretary’s inability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Kellanova), Agreement and Plan of Merger (Regal Entertainment Group), Agreement and Plan of Merger (Alliance HealthCare Services, Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the PresidentChief Executive Officer, or any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Boe Financial Services of Virginia Inc), Agreement and Plan of Merger (Community Bankers Acquisition Corp.), Agreement and Plan of Merger (Transcommunity Financial Corp)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, any Assistant Secretaries, if there are any, Secretary shall perform such duties and have such powers as from time to time may be assigned to them him or her by the MemberBoard of Directors, the President, any Vice President, if there are any appointed, President or the SecretarySecretary and, and in the absence of the Secretary Secretary, or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Targa Pipeline Partners LP), Limited Liability Company Agreement (Targa Energy LP), Limited Liability Company Agreement (Targa Resources Partners LP)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice Vice-President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: The Arrangement Agreement (Comamtech Inc.), The Arrangement Agreement (DecisionPoint Systems, Inc.), Arrangement Agreement (Comamtech Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his the Secretary’s disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: Limited Partnership Agreement (NB Crossroads Private Markets Fund VII LP), Limited Partnership Agreement (NB Crossroads Private Markets Fund v (TE) LP), Limited Partnership Agreement (NB Crossroads Private Markets Fund v (TE) Advisory LP)
Assistant Secretaries. Except as may be otherwise provided in this Agreement---------------------- these Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointed, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: Plan and Agreement of Merger (Marmion Industries Corp), Plan of Merger (International Development Corp), Escrow Agreement (Med X Systems Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer and President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (NuStar Energy L.P.), Limited Liability Company Agreement (NuStar Energy L.P.), Agreement and Plan of Merger
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Goal Acquisitions Corp.), Agreement and Plan of Merger (Adit EdTech Acquisition Corp.), Agreement and Plan of Merger (Kansas City Power & Light Co)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, The Assistant Secretaries, if there are any, Secretaries shall perform such duties and have such powers as from time to time may be assigned to them by the MemberChairman of the Board, the President, any Vice President, if there are any appointed, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform Board. At the duties request of the Secretary, and when so actingor in case of his absence or inability to act, shall have all the powers of and be subject to all the restrictions upon the Secretaryany Assistant Secretary may act in his place.
Appears in 3 contracts
Samples: Receivables Sale Agreement (Printpack Inc), Diagnostic Pathology Management Services Inc, Diagnostic Pathology Management Services Inc
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Merger Agreement (Ness Technologies Inc), Merger Agreement (Sapiens International Corp N V)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Executive Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Registration Rights Agreement (Knight Capital Group, Inc.), Voting and Support Agreement (GETCO Holding Company, LLC)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the PresidentChief Executive Officer, any Vice President, if there are any appointedbe one, 24 62 or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Joint Venture Agreement (Sequana Therapeutics Inc), Joint Venture Agreement (Sequana Therapeutics Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretariessecretaries, if there are any, shall perform such duties and have such powers as from time to time may be assigned to them by the Memberboard of directors, the Presidentchief executive officer, the president, if any, any Vice Presidentvice-president, if there are any appointedany, or the Secretarysecretary, and in the absence of the Secretary secretary or in the event of his the secretary’s disability or refusal to act, shall perform the duties of the Secretarysecretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretarysecretary.
Appears in 2 contracts
Samples: Credit Agreement (Santander Holdings USA, Inc.), Loan Agreement (Santander Holdings USA, Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Managers, the PresidentVice President & Principal Executive Officer, any other Vice President, if there are any appointedbeany, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Celanese Americas CORP), Limited Liability Company Agreement (Celanese Americas CORP)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer, the President, any Vice President, if there are any appointed, be one or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Westinghouse Air Brake Co /De/), Agreement and Plan of Merger (Motivepower Industries Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointed, or the Secretary, and in shall have the absence of the Secretary or in the event of his disability or refusal authority to act, shall perform the duties all functions of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement (William Lyon Homes)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer, the President, any Vice Vice-President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 2 contracts
Samples: Merger Agreement (Unum Corp), Merger Agreement (Provident Companies Inc /De/)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese By-Laws, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer, the President, any and Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Managers, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Celanese Americas CORP)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Shamrock Logistics Lp)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, The Assistant Secretaries, Secretaries (if there are any, ) shall perform such duties and have such powers as from time to time may be assigned to them them, individually or collectively, by the MemberManagers, by the President, any Vice President, if there are any appointed, or by the Secretary, and in . In the absence of the Secretary or in the event of his disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all one or more of the powers Assistant Secretaries may perform such duties of and be subject to all the restrictions upon Secretary as the Secretary, the President, or the Managers may designate.
Appears in 1 contract
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability the Secretary's inability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Skilled Healthcare Group, Inc.)
Assistant Secretaries. Except Each assistant secretary, if any, shall have such powers and duties as may be otherwise provided in this Agreement, Assistant Secretaries, if there are any, shall perform such duties and have such powers prescribed by the Board or as may be delegated from time to time may be assigned to them by the Memberpresident. The assistant secretaries (in the order designated by the Board or, the President, any Vice President, if there are any appointed, or the Secretary, and in the absence of such designation, as determined by the Secretary or in length of time each has held the event office of his disability or refusal to act, assistant secretary continuously) shall perform the duties of the Secretary, and when so acting, shall have all exercise the powers of and be subject the secretary during that officer’s absence or inability to all the restrictions upon the Secretaryact.
Appears in 1 contract
Samples: Limited Liability Company Agreement (NationsHealth, Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberMembers, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Operating Agreement (Idt Corp)
Assistant Secretaries. Except as may be otherwise provided in this Agreementthese Bylaws, Assistant Secretaries, if there are any, shall will perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the President, any Vice Vice-President, if there are any appointedis one, or the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, shall will perform the duties of the Secretary, and when so acting, shall will have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Homebase Acquisition, LLC
Assistant Secretaries. Except as may be otherwise provided in this the Agreement, any Assistant Secretaries, if there are any, Secretary shall perform such duties and have such powers as from time to time may be assigned to them him or her by the MemberManagers, the President, any Vice President, if there are any appointed, President or the SecretarySecretary and, and in the absence of the Secretary Secretary, or in the event of his or her disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Presidentany Chief Executive Officer, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability the Secretary’s inability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Master Services Agreement (Zanite Acquisition Corp.)
Assistant Secretaries. Except as may If one or more Assistant Secretaries shall be otherwise provided elected or appointed pursuant to the provisions of Section 3 of this Article, then in this Agreement, Assistant Secretaries, if there are any, shall perform such duties and have such powers as from time to time may be assigned to them by the Member, the President, any Vice President, if there are any appointed, absence or disability of the Secretary, and in the absence of the Secretary or in the event of his disability or refusal to act, Assistant Secretaries shall perform the duties of the Secretary, and when so acting, acting shall have all the powers of of, and be subject to all the restrictions upon imposed upon, the Secretary. Any such Assistant Secretary shall perform such other duties as from time to time may be assigned to him by the Board or any superior officer.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Huttig Building Products Inc)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Directors, the Chief Executive Officer, the President or any Co-President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his disability the Secretary’s inability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Business Combination Agreement (FinTech Acquisition Corp. IV)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretariessecretaries, if there are any, shall perform such duties and have such powers as from time to time may be assigned to them by the Memberboard of directors, the Presidentchairman of the board, the chief executive officer, if any, the president, if any, any Vice Presidentvice-president, if there are any appointedany, or the Secretarysecretary, and in the absence of the Secretary secretary or in the event of his the secretary’s disability or refusal to act, shall perform the duties of the Secretarysecretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretarysecretary.
Appears in 1 contract
Samples: Shareholders Agreement (Santander Holdings USA, Inc.)
Assistant Secretaries. Except as may be otherwise provided in this Agreement, Assistant Secretaries, if there are be any, shall perform such duties and have such powers as from time to time may be assigned to them by the MemberBoard of Managers, the President, any Vice President, if there are any appointedbe one, or the Secretary, and in the absence of the Secretary or in the event of his the Secretary's disability or refusal to act, shall perform the duties of the Secretary, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (NB Crossroads Private Markets Access Fund LLC)