Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 31 contracts
Samples: Settlement Agreement (GigCapital5, Inc.), Business Combination Agreement (Andretti Acquisition Corp.), Business Combination Agreement (Cetus Capital Acquisition Corp.)
Assistant Secretaries. The Assistant Secretary orSecretaries shall:
(a) In general, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, and in the absence (or inability or refusal to act) of the Secretary, perform all the duties and have the powers of the Secretary;
(b) Perform such other duties as shall be assigned to them by the Member, the Chief Manager, or the Secretary.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (CBL/Regency I, LLC), Limited Liability Company Agreement (CBL/Regency I, LLC), Limited Liability Company Agreement (CBL/Regency I, LLC)
Assistant Secretaries. The Assistant Secretary or, if there be Member may appoint one or more than one, assistant secretaries who shall have the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) of the Secretary, powers and perform the duties and have the powers of the Secretarysecretary when the secretary is unavailable or unable to act, and who shall have such other powers and perform such other duties as may be prescribed by the Member or the secretary.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Aquarius Gaming LLC), Limited Liability Company Agreement (Aquarius Gaming LLC), Operating Agreement (Aquarius Gaming LLC)
Assistant Secretaries. The In the absence of the Secretary or in the event of the Secretary’s inability or refusal to act, the Assistant Secretary Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order determined by the Board shalldesignated or, in the absence (or inability or refusal to act) of any designation, then in the Secretaryorder of their election), shall perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties and have such other powers as the Managers, the Chief Executive Officer or the Secretary may from time to time prescribe.
Appears in 5 contracts
Samples: Operating Agreement (LifeCare Holdings, Inc.), Operating Agreement (LifeCare Holdings, Inc.), Operating Agreement (LifeCare Holdings, Inc.)
Assistant Secretaries. The Assistant Secretaries may assume and perform the duties of the Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) disability of the Secretary, Secretary or whenever the office of the Secretary is vacant. The Assistant Secretaries shall also perform the such other duties and have such other powers as the powers Board of Managers or the SecretaryPresident shall designate from time to time.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Assistant Secretaries. The Assistant Secretary orSecretary, or if there be more than one, the Assistant Secretaries Secretaries, in the order determined by the Board of Directors, shall, in case of the absence (or inability or refusal to act) disability of the Secretary, have the authority and perform the duties and have the powers of the Secretary.
Appears in 4 contracts
Samples: Securities Purchase Agreement (American Skiing Co /Me), Agreement and Plan of Merger (Meristar Hotels & Resorts Inc), Merger Agreement (American Skiing Co /Me)
Assistant Secretaries. The Assistant Secretary orBoard, if there in its discretion, may elect one or more assistant secretaries. The assistant secretaries in general shall perform such duties as shall be more than oneassigned to them by the Chairman, the Assistant Secretaries in the order determined by President, or the Board shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the SecretaryDirectors.
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement (Inergy Pipeline East, LLC), Operating Agreement (Inergy Pipeline East, LLC)
Assistant Secretaries. The Assistant Secretary orSecretaries of the Corporation (“Assistant Secretaries”), if there be more than oneany, the Assistant Secretaries in the order of their seniority or in any other order determined by the Board, shall generally assist the Secretary and perform such other duties as the Board shallor the Secretary shall prescribe, and, in the absence (or inability or refusal to act) disability of the Secretary, shall perform the duties and have exercise the powers of the Secretary.
Appears in 3 contracts
Samples: Business Combination Agreement (ExcelFin Acquisition Corp.), Cooperation Agreement, Merger Agreement (PeopleSupport, Inc.)
Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his or her office, together with such other powers and duties as designated in these bylaws and as from time to time may be assigned to him or her by the Chief Executive Officer or the Board of Directors. The Assistant Secretaries shall exercise the powers of the Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the during that officer’s absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 3 contracts
Samples: Master Reorganization Agreement (Atlas Energy Solutions Inc.), Master Reorganization Agreement (New Atlas HoldCo Inc.), Voting Agreement (Roan Resources, Inc.)
Assistant Secretaries. Each Assistant Secretary, if any, shall have the usual powers and duties pertaining to his or her office, together with such other powers and duties as designated in these bylaws and as from time to time may be assigned to him or her by the chief executive officer or the Board of Directors. The Assistant Secretaries shall exercise the powers of the Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the during that officer’s absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 3 contracts
Samples: Merger Agreement (C&J Energy Services, Inc.), Merger Agreement (Energy Xxi (Bermuda) LTD), Merger Agreement (Epl Oil & Gas, Inc.)
Assistant Secretaries. The Assistant Secretary orAn assistant secretary shall, if there be more than oneat the request of the secretary, the Assistant Secretaries or in the order determined absence or disability of the secretary, perform all the duties of the secretary. He or she shall perform such other duties as are assigned to him or her by the Board shallof Directors, in the absence (chief executive officer, if any, the president, these Bylaws or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretaryas provided by law.
Appears in 2 contracts
Samples: Merger Agreement (CSRA Inc.), Merger Agreement (American Wagering Inc)
Assistant Secretaries. The Assistant Secretary orof the Corporation, if any, or if there be more than one, the Assistant Secretaries in the order of their seniority or in any other order determined by the Board of Directors, shall, in the absence (or inability or refusal to act) disability of the SecretarySecretary of the Corporation, perform the duties and have exercise the powers of the SecretarySecretary of the Corporation and shall perform such other duties as the Board of Directors or the Secretary of the Corporation shall prescribe.
Appears in 2 contracts
Samples: Merger Agreement (Martin Marietta Materials Inc), Merger Agreement (Martin Marietta Materials Inc)
Assistant Secretaries. The Assistant Secretary orSecretaries of the Corporation, if there be more than oneany, the Assistant Secretaries in the order of their seniority or in any other order determined by the Board, shall generally assist the Secretary and perform such other duties as the Board shallor the Secretary shall prescribe, and, in the absence (or inability or refusal to act) disability of the Secretary, shall perform the duties and have exercise the powers of the Secretary.
Appears in 2 contracts
Samples: Merger Agreement (Gogo Inc.), By Laws (Getty Images Inc)
Assistant Secretaries. The Assistant Secretary or, assistant secretary (if there be more than one, the Assistant Secretaries in the order determined by the Board any) shall, in during the absence (or inability or refusal to act) incapacity of the Secretarysecretary, assume and perform all functions and duties that the duties secretary might lawfully do if present and have the powers of the Secretarynot under any incapacity.
Appears in 2 contracts
Samples: Credit Agreement (RhythmOne PLC), Agreement and Plan of Merger and Reorganization (YuMe Inc)
Assistant Secretaries. The Assistant Secretary orof the Corporation, if any, or if there be more than one, the Assistant Secretaries in the order of their seniority or in any other order determined by the Board of Directors shall, in the absence (or inability or refusal to act) disability of the SecretarySecretary of the Corporation, perform the duties and have exercise the powers of the SecretarySecretary of the Corporation and shall perform such other duties as the Board of Directors or the Secretary of the Corporation shall prescribe.
Appears in 2 contracts
Samples: Merger Agreement (HashiCorp, Inc.), Merger Agreement (Dova Pharmaceuticals Inc.)
Assistant Secretaries. The In the absence of the secretary, an assistant secretary shall have the power to perform his duties including the certification, execution and attestation of corporate records and corporate instruments. Assistant Secretary or, if there secretaries shall perform such other duties as may be more than one, the Assistant Secretaries in the order determined assigned to them by the Board shallchief executive officer or the board of directors. (Last amended November 6, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary1986).
Appears in 2 contracts
Samples: Merger Agreement (Jefferson Pilot Corp), Merger Agreement (Lincoln National Corp)
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Board shallboard of directors will perform, in the absence (or inability or refusal to act) disability of the Secretary, perform the duties and have exercise the powers of the SecretarySecretary and will perform such other duties as the board of directors, the Chief Executive Officer or the President may prescribe.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Resources Offshore Inc), Agreement and Plan of Merger (Blue Dolphin Energy Co)
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board of Directors shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 2 contracts
Samples: Business Combination Agreement (Berenson Acquisition Corp. I), Merger Agreement (10X Capital Venture Acquisition Corp. III)
Assistant Secretaries. The Assistant Secretary oror Secretaries, if there be more than is one, the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) disability of the Secretary, perform the duties and have exercise the powers authority of the SecretarySecretary and shall perform such other duties and have such other authority as the Board of Directors, the President, the Chairman, or Vice-Chairman may from time to time prescribe.
Appears in 2 contracts
Samples: Merger Agreement (Primo Water Corp), Merger Agreement (Cott Corp /Cn/)
Assistant Secretaries. The In the absence of the secretary, an assistant secretary shall have the power to perform his or her duties including the certification, execution and attestation of corporate records and corporate instruments. Assistant Secretary or, if there secretaries shall perform such other duties as may be more than one, the Assistant Secretaries in the order determined assigned to them by the Board shall, in chief executive officer or the absence (or inability or refusal to act) board of the Secretary, perform the duties and have the powers of the Secretarydirectors.
Appears in 2 contracts
Samples: Merger Agreement (Jefferson Pilot Corp), Merger Agreement (Lincoln National Corp)
Assistant Secretaries. The Assistant Secretary Secretary, if any, or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 2 contracts
Samples: Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp)
Assistant Secretaries. The In the absence of the Secretary or in the event of the Secretary’s inability or refusal to act, the Assistant Secretary Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order determined by the Board shalldesignated or, in the absence (or inability or refusal to act) of any designation, then in the Secretaryorder of their election), shall perform the duties and have exercise the powers of the Secretary.Secretary and shall perform such other duties and have such other powers as the Managers, the Chief Executive Officer or the Secretary may from time to time prescribe. OPERATING AGREEMENT OF PAGE 8 CRESCENT CITY HOSPITALS, L.L.C.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board Board, shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 1 contract
Samples: Merger Agreement (Starboard Value Acquisition Corp.)
Assistant Secretaries. The In the absence of the Secretary or in the event of his inability or refusal to act, the Assistant Secretary (or, if there shall be more than one, the Assistant Secretaries in the order determined designated by the Board shallof Directors, or in the absence (or inability or refusal to actof any designation, then in the order of their appointment) of the Secretary, shall perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties and have such other powers as the Board of Directors, the President, or the Secretary may from time to time prescribe.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pinnacle Holdings Inc)
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Board shallof Directors will perform, in the absence (or inability or refusal to act) disability of the Secretary, perform the duties and have exercise the powers of the SecretarySecretary and will perform such other duties as the Board of Directors and President may prescribe.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board of Directors shall, in the absence (or inability or refusal to act) disability of the Secretary, perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties as the Board of Directors, the Chairman of the Board and President may prescribe. Assistant secretaries may be appointed by the president without prior approval of the board of directors.
Appears in 1 contract
Assistant Secretaries. The In the absence of the Secretary or in the event of his inability or refusal to act, the Assistant Secretary Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order determined by the Board shalldesignated or, in the absence (or inability or refusal to act) of any designation, then in the Secretaryorder of their election), shall perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties and have such other powers as the Manager, the Chief Executive Officer, or the Secretary may from time to time prescribe.
Appears in 1 contract
Samples: Company Agreement (Vernafund CF LLC)
Assistant Secretaries. The In the absence of the Secretary or in the event of his inability or refusal to act, the Assistant Secretary Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order determined by the Board shalldesignated or, in the absence (or inability or refusal to act) of any designation, then in the Secretaryorder of their election), shall perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties and have such other powers as the Managers, the President or the Secretary may from time to time prescribe.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary orSecretaries, if there be more than oneany, the Assistant Secretaries in the order determined by the Board shallwill, in the absence (or inability or refusal to act) disability of the Secretary, perform the duties and have exercise the powers of the SecretarySecretary and will perform such other duties and have such other powers as may be prescribed by the Members, Managers, or President.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary orassistant secretary, or --------------------- if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Board (or if there be no such determination, then in the order of their election or appointment) shall, in the absence (of the secretary or in the event of his inability or refusal to act) of the Secretary, perform the duties and have exercise the powers of the Secretarysecretary and shall perform such other duties and have such other powers as the Board may from time to time prescribe.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary or, assistant secretary (or if --------- --------------------- there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Board board of directors, or if there be no such determination, then in the order of their most recent election or appointment) shall, in the absence (or inability or refusal to act) of the Secretarysecretary or in the event of the disability of the secretary, perform the duties and have exercise the powers of the Secretarysecretary and shall perform such other duties and have such other powers as the board of directors or the president may from time to time prescribe.
Appears in 1 contract
Assistant Secretaries. The In the absence of the Secretary or in the event of his inability or refusal to act, the Assistant Secretary Secretary, if any (or, if there be more than one, the Assistant Secretaries in the order determined by the Board shalldesignated or, in the absence (or inability or refusal to act) of any designation, then in the Secretaryorder of their election), shall perform the duties and have exercise the powers of the SecretarySecretary and shall perform such other duties and have such other powers as the Manager, the President or the Secretary may from time to time prescribe.
Appears in 1 contract
Samples: Company Agreement
Assistant Secretaries. The Assistant Secretary or, if there be more than one, the Assistant Secretaries in the order determined by the Board shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the SecretarySecretary and shall otherwise perform the duties and have the powers and responsibilities determined by the Board, the Chief Executive Officer or the President.
Appears in 1 contract
Assistant Secretaries. The At the request of the Secretary or in his absence or disability the Assistant Secretary or, if there be more than one, designated by him or (failing such request or designation) the Assistant Secretaries in the order determined Secretary or other officer designated by the Board shall, in President shall perform all the absence (or inability or refusal to act) duties of the SecretarySecretary and, perform the duties and when so acting, shall have all the powers of of, and be subject to all the restrictions upon, the Secretary.
Appears in 1 contract
Assistant Secretaries. The Assistant Secretary or, if there be is more than oneone (1), the Assistant Secretaries in the order determined by the Board Board, shall, in the absence (or inability or refusal to act) of the Secretary, perform the duties and have the powers of the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Majestic Holdco, LLC)