Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 38 contracts
Samples: Consulting Group Capital Markets Funds, Consulting Group Capital Markets Funds, Managers Amg Funds
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election)any, shall, in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Managers, the President or the Secretary.
Appears in 15 contracts
Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 12 contracts
Samples: Merrimac Series, Fundmanager Trust, LKCM Fund
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by Approval of the Trustees Management Committee (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and Secretary, shall perform such other duties and have such other powers authority as the Board of Trustees may are set forth in this Agreement or as are, from time to time prescribetime, Approved by the Management Committee or delegated by the Secretary.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Suncom Wireless Property Co, L.L.C.), Limited Liability Company Agreement (Suncom Wireless Property Co, L.L.C.), Limited Liability Company Agreement (Suncom Wireless Property Co, L.L.C.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Manager (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Chief Executive Officer or the Manager may from time to time prescribe.
Appears in 11 contracts
Samples: Operating Agreement (Stack Rock Capital, L.L.C.), Limited Liability Company Agreement (Boise White Paper Sales Corp.), Operating Agreement (Boise White Paper Sales Corp.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (Board of Directors, or if there be no such determination, then in the order Assistant Secretary designated by the Board of their election)Directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Tenneco Inc), Agreement and Plan of Merger (Smart & Final Stores, Inc.), Stock Purchase Agreement (Conatus Pharmaceuticals Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees President may from time to time prescribe.
Appears in 8 contracts
Samples: Chiron Corp, Chiron Corp, Chiron Corp
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election)any, shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Managers, the President or the Secretary.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Assistant Secretary. The Assistant Secretary, or (if there be more than one, ) the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order Board of their election)Directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Triad of Oregon, LLC), Limited Liability Company Agreement (Longview Clinic Operations Company, LLC), Limited Liability Company Agreement (Community Health Investment CORP)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be shall have been no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribeSecretary.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Labcorp Holdings Inc.), Common Stock Subscription Agreement, Common Stock Subscription Agreement (Feel the World, Inc.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kraton Corp), Limited Liability Company Agreement (Kaiser Aluminum Washington, LLC), Limited Liability Company Agreement (Kaiser Aluminum Washington, LLC)
Assistant Secretary. The Assistant Secretary, or if there be more than oneone Assistant Secretary, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 4 contracts
Samples: Victory Portfolios Iii, Agreement and Declaration (USAA ETF Trust), Agreement and Declaration of Trust and Principal Office (Usaa Mutual Funds Trust)
Assistant Secretary. The Assistant Secretaryassistant secretary (or, or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees (or board of directors or, if there shall be no such determination, then in the order of their election), ) shall, in the absence of the Secretary secretary or in the event of his disability, inability or refusal to act, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board board of Trustees directors may from time to time prescribe.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Micro Investment LLC), Agreement and Plan of Merger (Ev3 Inc.), Agreement and Plan of Merger (Micro Therapeutics Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 4 contracts
Samples: Van Eck Funds, Van Eck Vip Trust, Van Eck Funds
Assistant Secretary. The Assistant Secretary, or if there be more ------------------- than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 4 contracts
Samples: Smith Barney Income Funds, Smith Barney Funds Inc, Van Eck Funds
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or Governing Board, of if there be no such determination, then in the order of their election)Assistant Secretary designated by the Governing Board, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Governing Board of Trustees may from time to time prescribe.
Appears in 4 contracts
Samples: Operating Agreement (Magellan Health Services Inc), Operating Agreement (Magellan Health Services Inc), Operating Agreement (Crescent Operating Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Member (or if there be no such determination, then in the order of their election), shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Member or the President may from time to time prescribe.
Appears in 3 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.), Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 3 contracts
Samples: Registration Rights Agreement (Apollo Group Inc), Agreement and Plan of Merger (Altra Holdings, Inc.), Shareholders’ Agreement (Apollo Group Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order board of their election)directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board board of Trustees directors may from time to time prescribe.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (GameStop Corp.), Agreement and Plan of Merger (Geeknet, Inc), Agreement and Plan of Merger (GameStop Corp.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Directors, the President or the Secretary.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amc Entertainment Holdings, Inc.), Agreement and Plan of Merger (Amc Entertainment Inc)
Assistant Secretary. The Assistant Secretaryassistant secretary, or or, if there be is more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees stockholders or board of directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board board of Trustees directors or the stockholders may from time to time prescribe.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Dts, Inc.), Agreement and Plan of Merger (Proquest Co)
Assistant Secretary. The Assistant Secretary, if any, or if -------------------- there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 2 contracts
Assistant Secretary. The Assistant SecretarySecretary or, or if there be is more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or or, if there be is no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Directors, the President, or the Secretary.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (AutoWeb, Inc.), Agreement and Plan of Merger (AutoWeb, Inc.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Management Board (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary's inability as a result of death, disability or removal or refusal to actact if required to do so by the President, Secretary or the Management Board, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribemay be assigned by the Management Board or the President.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Genlyte Group Inc), Limited Liability Company Agreement (Thomas Industries Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees or President may from time to time prescribe.
Appears in 2 contracts
Samples: Crabbe Huson Small Cap Fund, Crabbe Huson Small Cap Fund
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary Secre-tary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 2 contracts
Samples: State Street Navigator Securities Lending Trust, State Street Navigator Securities Lending Trust
Assistant Secretary. The Assistant Secretary, or if there shall be more than one, the each Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, Secretary in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, shall have the authority to perform the duties and exercise the powers of the Secretary Secretary, subject to such limitations thereon as may be imposed by the Board of Directors, and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Directors, the Chairman of the Board, the President or the Secretary.
Appears in 2 contracts
Samples: Rights Agreement (Burlington Northern Santa Fe Corp), Combination Agreement (Burlington Northern Santa Fe Corp)
Assistant Secretary. The Assistant Secretary, if there shall be one, or if there shall be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order board of their election)directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board board of Trustees directors may from time to time prescribe.
Appears in 1 contract
Samples: HF Foods Group Inc.
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (Executive Committee, or if there be by no such determination, then in the order of their election)Assistant Secretary designated by the Executive Committee, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Executive Committee may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hughes Electronics Corp)
Assistant Secretary. The Assistant Secretary, or if there shall be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there shall be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribemay be assigned by the Board of Directors.
Appears in 1 contract
Samples: Tumbleweed Inc
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Micromuse Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then assistant secretaries in the order of their election)seniority, unless otherwise determined by the board of directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actsecretary, perform the duties and have the authority and exercise the powers of the Secretary and secretary. They shall perform such other duties and have such other powers as the Board board of Trustees directors may from time to time prescribeprescribe or as the president may from time to time delegate.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, if there shall be one, or if there shall be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election)Board, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Welsbach Technology Metals Acquisition Corp.)
Assistant Secretary. The Assistant Secretaryassistant secretary, or or, if there be is more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary secretary or in the event of his the inability or refusal of such officer to act, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Assistant Secretary. The Assistant Secretaryassistant secretary, or or, if there be is more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees stockholders or Board (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees or the stockholders may from time to time prescribe.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), Secretary shall, in the absence of the Secretary or in the event of his the Secretary's inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Managers, the President or the Secretary.
Appears in 1 contract
Samples: Limited Liability Company (Lind-Waldock Securities, LLC)
Assistant Secretary. The Assistant Secretary, assistant secretary or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees Managers (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees Managers may from time to time prescribe.
Appears in 1 contract
Samples: Operating Agreement (Innotrac Corp)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Trust Agreement (Saks Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order Board of their election)Directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gamco Investors, Inc. Et Al)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election)Board, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board Board, Chairperson of Trustees the Board, the Chief Executive Officer or the President may from time to time prescribe.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Gamco Investors, Inc. Et Al)
Assistant Secretary. The Assistant Secretaryassistant secretary, or or, if there be is more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees board of directors (or if there be no such determination, then in the order of their election), shall) will, in the absence of the Secretary secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary secretary and shall will perform such other duties and have such other powers as the Board board of Trustees directors may from time to time prescribe.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Chief Executive Officer may from time to time prescribe.
Appears in 1 contract
Samples: Chiron Corp
Assistant Secretary. The Assistant Secretary, or if any, or, if there be more than one, the Assistant Secretaries Secretaries, in the order determined by the Trustees (or if there be no determination, then in the order Board of their election)Managers, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform all the duties and have all the powers incident to the office of Assistant Secretary and such other duties and have such other powers as the Board of Trustees may from time to time Managers, the Chairman of the Board, if any, the President or the Secretary prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Morgan Stanley Capital Trust Iv)
Assistant Secretary. The Assistant Secretaryassistant secretary, or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), Member shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actsecretary, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees may Member from time to time may prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Sunoco Property Co LLC)
Assistant Secretary. The Assistant Secretaryassistant secretary or, or if there be is more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees Board (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cempra Holdings, LLC)
Assistant Secretary. The Assistant Secretary, if any, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Sole Member (or if there be no such determination, then in the order of their election), shall, ) shall in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and shall have such other powers as the Board of Trustees may Sole Member from time to time prescribemay determine.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, if one is elected, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Midwest Bancorp Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Managers (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Chief Executive Officer or the Managers may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (US Power Generating CO)
Assistant Secretary. The Assistant Secretary, if any, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Member (or if there be no such determination, then in the order of their election), appointment) shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and shall have such other powers as the Board of Trustees may Member from time to time prescribemay determine.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order of their seniority, unless otherwise determined by the Trustees (or if there be no determination, then in the order Board of their election)Directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and have the authority to exercise the powers of the Secretary and Secretary. They shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribeprescribe or as the President may from time to time delegate.
Appears in 1 contract
Samples: Warrant Agreement (Fw Integrated Orthopaedics Investors Lp)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), ) shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Clear System Recycling, Inc.)
Assistant Secretary. The Assistant Secretaryassistant secretary, or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), Managing Member shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actsecretary, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees Managing Member, the chief executive officer or the president may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nexeo Solutions Finance Corp)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (Board, or if there be no such determination, then in the order of their election)Assistant Secretary designated by the Board, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Business Combination Agreement (Pioneer Merger Corp.)
Assistant Secretary. The Assistant Secretary, or if there be more than ------------------- one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Van Eck Worldwide Insurance Trust
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (Board of Directors, or if there be no such determination, then in the order Assistant Secretary designated by the Board of their election)Directors, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribeSecretary.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Allied Riser Communications Corp)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Managers (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his the Secretary’s inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribebe prescribed by the Board of Managers, the President or the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Mittal Steel USA Inc.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Lutheran Brotherhood Family of Funds
Assistant Secretary. The Assistant Secretary, or if there shall be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his or her inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribemay be assigned by the Board of Directors, the Chair of the Board, the Vice Chair of the Board, the President or the Secretary.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Laredo Oil, Inc.)
Assistant Secretary. The Assistant Secretary, if there shall be one, or if there shall be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election)Board, shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actSecretary, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Share Exchange Agreement (Titan Pharmaceuticals Inc)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Member (or if there be no such determination, then in the order of their electionappointment), shall, in the absence of the Secretary or in the event of his the Secretary’s inability to act or refusal failure to actact (in violation of a duty to act or in contravention of direction to act by the Member), perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribemay be assigned by the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Plaid Brothers Software, Inc.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in 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 designated by the Member, or in the absence of any designation, then in the order of their appointment) shall perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees Member, the President or the Secretary may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Professional Teleconcepts, Inc.)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as are set forth herein, and as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Assistant Secretary. The Assistant Secretary, if any, or if there be -------------------- more than one, the Assistant Secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board of Trustees may from time to time prescribe.
Appears in 1 contract
Samples: Cigna Variable Products Group
Assistant Secretary. The Assistant Secretaryassistant secretary, or if there be more than one, the Assistant Secretaries assistant secretaries in the order determined by the Trustees (or if there be no determination, then in the order of their election), Board shall, in the absence or disability of the Secretary or in the event of his inability or refusal to actsecretary, perform the duties and exercise the powers of the Secretary secretary and shall perform such other duties and have such other powers as the Board of Trustees Board, the chief executive officer or the president may from time to time prescribe.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Nexeo Solutions Finance Corp)
Assistant Secretary. The Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined by the Trustees Board of Directors (or if there be no such determination, then in the order of their election), shall, in the absence of the Secretary or in the event of his inability or refusal to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Chief Executive Officer or the Board of Trustees Directors may from time to time prescribe.
Appears in 1 contract
Samples: Agreement and Plan of Merger
