Common use of Assistant Secretary Clause in Contracts

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: By Laws (Consulting Group Capital Markets Funds), By Laws (Managers Amg Funds), By Laws (Managers Amg Funds)

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Assistant Secretary. The Assistant Secretary, Each assistant Secretary will have those powers and duties delegated by the Board or if there be the President. If more than one, the Assistant Secretaries Secretaries, in the order determined designated by the Trustees (or Board or, if there be no determination, then in the order of their election), shall, in the absence of such designation, as determined by the Secretary or in length of term each has held the event office of his inability or refusal to actthe Assistant Secretary, perform the duties and will exercise the powers of the Secretary and shall perform such other duties and have such other powers as during the Board of Trustees may from time to time prescribeSecretary's absence or incapacitation.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.), Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.), Limited Liability Company Agreement (Builders FirstSource of Nashville, 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 12 contracts

Samples: By Laws (Merrimac Series), By Laws (Merrimac Funds), By Laws (Usaa State Tax Free Trust)

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 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 (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: Merger Agreement (Tenneco Inc), Merger Agreement (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: Bylaws (Chiron Corp), Bylaws (Chiron Corp), Bylaws (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 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: Merger Agreement (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 (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 (Crescent Operating Inc), Operating Agreement (Crescent Operating Inc), Operating Agreement (Magellan Health Services Inc)

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: By Laws (Victory Portfolios Iii), By Laws (USAA ETF Trust), By Laws (Usaa Mutual Funds Trust)

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: Merger Agreement (Kraton Corp), Limited Liability Company Agreement (Kaiser Aluminum Washington, LLC), Limited Liability Company Agreement (Kaiser Aluminum Washington, LLC)

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: Merger Agreement (Micro Investment LLC), Merger Agreement (Micro Therapeutics Inc), Merger Agreement (Ev3 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: By Laws (Van Eck Funds), By Laws (Smith Barney Income Funds), By Laws (Smith Barney Principal Return 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 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: By Laws (Van Eck Vip Trust), By Laws (Van Eck Funds), By Laws (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 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: Joint Venture Agreement (Apollo Group Inc), Merger Agreement (Altra Holdings, Inc.), Capital Contribution 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 of their election)Secretaries, shall, in the absence of the Secretary or in the event of his inability or refusal to actSecretary, perform all the duties of that officer and exercise the powers of the Secretary and at all times shall perform such other duties and have such other powers as may be assigned to him or to them by the Board of Trustees may from time to time prescribePresident or Secretary.

Appears in 3 contracts

Samples: By Laws (Graybar Electric Co Inc), By Laws (Graybar Electric Co Inc), By Laws (Graybar Electric Co 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.), Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), 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 (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: Merger Agreement (GameStop Corp.), Merger Agreement (Geeknet, Inc), Merger Agreement (GameStop Corp.)

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: Employment Agreement (AutoWeb, Inc.), Merger Agreement (AutoWeb, 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 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.), Merger Agreement (Amc Entertainment 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: By Laws (Crabbe Huson Small Cap Fund), By Laws (Crabbe Huson Small Cap Fund)

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

Samples: By Laws (Cigna Funds Group), By Laws (Cigna Institutional Funds Group)

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: Merger Agreement (Dts, Inc.), Merger Agreement (Proquest Co)

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: By Laws (State Street Navigator Securities Lending Trust), By Laws (State Street Navigator Securities Lending Trust)

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

Samples: Merger Agreement (Xedar 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 (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, 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, 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: By Laws (Van Eck Worldwide Insurance Trust)

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)

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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: By Laws (Lutheran Brotherhood Family of Funds)

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: Merger Agreement

Assistant Secretary. The Assistant SecretarySecretary(ies), or if there be more than oneany, 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 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: Agreement and Plan of Reorganization (Autotradecenter Com 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 (or if there be no determination, then in the order of their election), Secretary shall, in the absence or incapacity 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 shall from time to time prescribebe given to him or her by the Secretary. The Assistant Secretary shall be, with the Secretary, keeper of the books, records, and the seal of the Corporation, and shall have the authority to certify the By-Laws, resolutions and other documents of the Corporation.

Appears in 1 contract

Samples: Annual Report

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 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: Merger Agreement (First Midwest Bancorp Inc)

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: By Laws (Cigna Variable Products Group)

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 1 contract

Samples: Joint Venture Agreement (Intracel 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 Directors may from time to time prescribe.

Appears in 1 contract

Samples: Merger Agreement (Micromuse 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 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

Samples: Merger Agreement (Cempra, 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 Chief Executive Officer may from time to time prescribe.

Appears in 1 contract

Samples: Bylaws (Chiron 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 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: By Laws (Tumbleweed Inc)

Assistant Secretary. The One or more Assistant Secretaries, if any, shall perform such of the duties of the Secretary as the Secretary shall designate, and in the absence or disabil ity of the Secretary, any Assistant Secretary, or if there be more than one, the Assistant Secretaries in the order determined of election to that office by the Trustees (or if there be no determinationBoard, 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, 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 may from time to time prescribeSecretary.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Edison Mission Energy)

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 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: Merger Agreement (Clear System Recycling, 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

Samples: Operating Agreement (Thermoenergy Corp)

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

Samples: Limited Liability Company Agreement (Ply Gem Holdings Inc)

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

Samples: Limited Liability Company Agreement (WestRock Co)

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

Samples: Equity Purchase Agreement (EG Acquisition Corp.)

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