Common use of Authority and Duties of Member Clause in Contracts

Authority and Duties of Member. The overall management and control of the Company shall be vested in the Member and the Member shall have the right and authority to enter into transactions on behalf of the Company, to bind the Company and to conduct, and to make decisions relating to, the day-to-day operations of the Company. Without limiting the foregoing and in each case without any further act, vote or approval, the Member is hereby specifically authorized for, and in the name of and on behalf of, the Company from time to time to: (a) Amend the Articles; (b) Issue Interests in the Company and admit other Persons as Members; (c) Acquire by purchase, lease, or otherwise any real or personal property; (d) Loan money to the Company, its affiliates or other third parties, upon such terms and conditions as the Member may determine; (e) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, and lease any real or personal property; (f) Designate, authorize and direct one or more Persons to execute any and all agreements, contracts, documents, certifications, and instruments on behalf of the Company that are necessary or convenient in connection with the management, maintenance and operation of Property or managing the Company’s affairs, including executing amendments to the Agreement and the Articles in accordance with the terms of the Agreement, both as authorized agent for the Company and, if required, as attorney-in-fact for the Member pursuant to a power of attorney. (g) Appoint individuals designated as officers and/or managers of the Company and delegate such authority to such officers and/or managers as the Member deems advisable. (h) Borrow money and issue evidences of indebtedness (including bonds, notes and debentures) necessary, convenient or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, or other lien on any Property; (i) Care for and distribute funds to the Interest Holders by way of income, return of capital, or otherwise; (j) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons the duty to manage or supervise any of the Property or operations of the Company; (k) Engage in any kind of activity and perform and carry out contracts of any kind as may be lawfully engaged in, carried out, or performed by a limited liability company under the laws of each state in which the Company is then formed or qualified; and (1) Make any and all elections for federal, state, and local tax purposes.

Authority and Duties of Member. The overall management and control of the Company shall be vested in the Member and the Member shall have the right and authority to enter into transactions on behalf of the Company, to bind the Company and to conduct, and to make decisions relating to, the day-to-day operations of the Company. Without limiting the foregoing and in each case without any further act, vote or approval, the Member is hereby specifically authorized for, and in the name of and on behalf of, the Company from time to time to: (a) Amend the Articles; (b) Issue Interests in the Company and admit other Persons as Members; (c) Acquire by purchase, lease, or otherwise any real or personal property; (d) Loan money to the Company, its affiliates or other third parties, upon such terms and conditions as the Member may determine; (e) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, and lease any real or personal property; (f) Designate, authorize and direct one or more Persons to execute any and all agreements, contracts, documents, certifications, and instruments on behalf of the Company that are necessary or convenient in connection with the management, maintenance and operation of Property or managing the Company’s affairs, including executing amendments to the Agreement and the Articles in accordance with the terms of the Agreement, both as authorized agent for the Company and, if required, as attorney-in-fact for the Member pursuant to a power of attorney. (g) Appoint individuals designated as officers and/or managers of the Company and delegate such authority to such officers and/or managers as the Member deems advisable. (h) Borrow money and issue evidences of indebtedness (including bonds, notes and debentures) necessary, convenient or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, or other lien on any Property; (i) Care for and distribute funds to the Interest Holders by way of income, return of capital, or otherwise; (j) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons the duty to manage or supervise any of the Property or operations of the Company; (k) Engage in any kind of activity and perform and carry out contracts of any kind as may be lawfully engaged in, carried out, or performed by a limited liability company under the laws of each state in which the Company is then formed or qualified; and (1l) Make any and all elections for federal, state, and local tax purposes.

Authority and Duties of Member. The overall management and control of the Company shall be vested in the Member and the Member shall have the right and authority to enter into transactions on behalf of the Company, to bind the Company and to conduct, and to make decisions relating to, the day-to-day operations of the Company. Without limiting the foregoing and in each case without any further act, vote or approval, the Member is hereby specifically authorized formay, and in the name of and on behalf of, the Company from time to time toCompany: (a) Amend Enter into management contracts and other agreements relating to the Articlesmanagement of the Company’s operations by others, including by Member; (b) Issue Interests interests in the Company and admit other Persons as Membersmembers; (c) Acquire by purchase, lease, or otherwise any real or personal propertyproperty (“Property”) that may be necessary, convenient, or incidental to the accomplishment of the purposes of the Company; (d) Loan money to the Company, its affiliates or other third parties, upon such terms and conditions as the Member may determine; (e) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, mortgage and lease any real Property necessary, convenient or personal propertyincidental to the accomplishment of the purposes of the Company; (f) Designate, authorize and direct one or more Persons authorized persons to execute any and all agreements, contracts, documents, certifications, certifications and instruments on behalf of the Company that are necessary or convenient in connection with the management, maintenance and operation of Property or managing the Company’s affairs, including executing amendments to the Agreement and the Articles in accordance with the terms of the Agreement, both as authorized agent for the Company and, if required, as attorney-in-fact for the Member pursuant to a power of attorney.; (g) Appoint individuals designated as officers and/or managers of the Company and delegate such authority to such officers and/or managers as the Member deems advisable.; (h) Borrow money and issue evidences of indebtedness (including bonds, notes and debentures) necessary, convenient or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, pledge or other lien on any Property; (i) Care for and distribute funds Execute, in furtherance of any or all of the purposes of the Company, any deed, lease, mortgage, deed of trust, mortgage note, promissory note, xxxx of sale, contract or other instrument purporting to convey or encumber any or all of the Interest Holders by way of income, return of capital, or otherwiseProperty; (j) Prepay in whole or in part, refinance, recast, increase, modify or extend any liabilities affecting the Property and in connection therewith execute any extensions or renewals of encumbrances on any or all of the Property; (k) Perform all matters in furtherance of the objectives of the Company or this Agreement; (l) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons persons the duty to manage or supervise any of the Property assets or operations of the Company; (km) Engage in any kind of activity and perform and carry out contracts of any kind (including contracts of insurance covering risks to Property and Member liability) necessary or incidental to, or in connection with, the accomplishment of the purposes of the Company, as may be lawfully engaged in, carried out, on or performed by a limited liability company under the laws of each state in which the Company is then formed or qualified; and; (1n) Make any and all elections for federal, state, and local tax purposes; and (o) Institute, prosecute, defend, settle, compromise and dismiss lawsuits or other judicial or administrative proceedings brought on or in behalf of, or against, the Company or in connection with activities arising out of, connected with, or incidental to this Agreement, and to engage counsel or others in connection therewith.

Authority and Duties of Member. The overall management and control of the Company shall be vested in the Member and the Member shall have the right and authority to enter into transactions on behalf of the Company, to bind the Company and to conduct, and to make decisions relating to, the day-to-day operations of the Company. Without limiting the foregoing and in each case without any further act, vote or approval, the Member is hereby specifically authorized formay, and in the name of and on behalf of, the Company from time to time toCompany: (a) Amend Enter into management contracts and other agreements relating to the Articlesmanagement of the Company’s operations by others, including by Member; (b) Issue Interests interests in the Company and admit other Persons as Membersmembers; (c) Acquire by purchase, lease, or otherwise any real or personal propertyproperty (“Property”) that may be necessary, convenient, or incidental to the accomplishment of the purposes of the Company; (d) Loan money to the Company, its affiliates or other third parties, upon such terms and conditions as the Member may determine; (e) Operate, maintain, finance, improve, construct, own, grant options with respect to, sell, convey, assign, mortgage, mortgage and lease any real Property necessary, convenient or personal propertyincidental to the accomplishment of the purposes of the Company; (f) Designate, authorize and direct one or more Persons authorized persons to execute any and all agreements, contracts, documents, certifications, certifications and instruments on behalf of the Company that are necessary or convenient in connection with the management, maintenance and operation of Property or managing the Company’s affairs, including executing amendments to the Agreement and the Articles in accordance with the terms of the Agreement, both as authorized agent for the Company and, if required, as attorney-in-fact for the Member pursuant to a power of attorney.; (g) Appoint individuals designated as officers and/or managers of the Company and delegate such authority to such officers and/or managers as the Member deems advisable.; (h) Borrow money and issue evidences of indebtedness (including bonds, notes and debentures) necessary, convenient or incidental to the accomplishment of the purposes of the Company, and secure the same by mortgage, pledge, pledge or other lien on any Property; (i) Care for and distribute funds Execute, in furtherance of any or all of the purposes of the Company, any deed, lease, mortgage, deed of trust, mortgage note, promissory note, xxxx of sale, contract or other instrument purporting to convey or encumber any or all of the Interest Holders by way of income, return of capital, or otherwiseProperty; (j) Prepay in whole or in part, refinance, recast, increase, modify or extend any liabilities affecting the Property and in connection therewith execute any extensions or renewals of encumbrances on any or all of the Property; (k) Perform all matters in furtherance of the objectives of the Company or this Agreement; (1) Contract on behalf of the Company for the employment and services of employees and/or independent contractors, such as lawyers and accountants, and delegate to such Persons persons the duty to manage or supervise any of the Property assets or operations of the Company; (km) Engage in any kind of activity and perform and carry out contracts of any kind (including contracts of insurance covering risks to Property and Member liability) necessary or incidental to, or in connection with, the accomplishment of the purposes of the Company, as may be lawfully engaged in, carried out, on or performed by a limited liability company under the laws of each state in which the Company is then formed or qualified; and; (1n) Make any and all elections for federal, state, and local tax purposes; and (o) Institute, prosecute, defend, settle, compromise and dismiss lawsuits or other judicial or administrative proceedings brought on or in behalf of, or against, the Company or in connection with activities arising out of, connected with, or incidental to this Agreement, and to engage counsel or others in connection therewith.