Authority of Manager. (a) The Manager shall have the exclusive authority to manage the operations and affairs of the Company, shall have the power on behalf and in the name of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the Company business. (b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 11 contracts
Samples: Operating Agreement (Ten Broeck Tampa, LLC), Operating Agreement (Ten Broeck Tampa, LLC), Operating Agreement (Ten Broeck Tampa, LLC)
Authority of Manager. (a) The Manager shall have the exclusive authority to manage the operations and affairs of the Company, shall have the power act on behalf and in the name of the Company to carry out any and all the maximum extent permitted by the Act. Without limiting the scope of the objects and purposes of foregoing, the Company, and Manager shall have all authority, rights, and powers conferred by law and those required or appropriate for the management be entitled to appoint any officers of the Company business.
(bthe "Officers") and to establish the authority, duties, terms and compensation (if any) of the Officers. The Members parties acknowledge and agree that all determinations decisions and actions made or taken by the Manager Officers also may hold offices in accordance corporations, including but not limited to corporations affiliated with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representativesSole Member.
Appears in 4 contracts
Samples: Operating Agreement (Cornerstone Realty Income Trust Inc), Operating Agreement (Apple Suites Inc), Operating Agreement (Cornerstone Realty Income Trust Inc)
Authority of Manager. (a) The Manager shall have the exclusive authority to manage the operations and affairs of the Company, shall have the power take actions on behalf and in the name of the Company to carry out the maximum extent permitted by the Act, subject to any and all limitations or requirements expressly set forth in this Agreement. Without limiting the scope of the objects foregoing, the Manager shall be entitled to appoint and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management remove any “officers” of the Company business.
and to establish the authority, duties and compensation (bif any) regarding such officers. The Members parties acknowledge and agree that all determinations decisions and actions made or taken by any such officers also may hold offices in other entities, including but not limited to the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representativesSole Member.
Appears in 4 contracts
Samples: Operating Agreement (Composite Technology Corp), Operating Agreement (Composite Technology Corp), Operating Agreement (Composite Technology Corp)
Authority of Manager. (a) The Manager shall have the exclusive full authority to manage conduct the day-to-day operations and affairs of the Company, shall have the power on behalf and in the name of the Company to carry out any and all (in coordination with the Company Manager, if any). The authority of the objects and purposes of Manager shall be subject only to the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager limitations set forth in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representativesLLC Agreement.
Appears in 3 contracts
Samples: Management Services Agreement (HCo Cape May LLC), Management Services Agreement (HCo Cape May LLC), Management Services Agreement (HCo Cape May LLC)
Authority of Manager. (a) The Manager shall have the exclusive authority to manage the operations and affairs of the Company, shall have the power act on behalf and in the name of the Company to carry out any and all the maximum extent permitted by the Act. Without limiting the scope of the objects and purposes of foregoing, the Company, and Manager shall have all authority, rights, and powers conferred by law and those required or appropriate for the management be entitled to appoint any officers of the Company business("Officers") and to establish the authority and duties of the Officers.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 2 contracts
Samples: Operating Agreement (JMA Associates, Inc.), Operating Agreement (JMA Associates, Inc.)
Authority of Manager. (a) The Manager Company shall be managed by the Manager, which shall have the sole and exclusive authority right to manage the operations business and affairs of the Company, shall have the power on behalf and in the name of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authoritypowers and rights necessary, rights, appropriate or advisable to effectuate and powers conferred by law carry out the purposes and those required or appropriate for the management business of the Company businessCompany.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Redbox Automated Retail, LLC), Limited Liability Company Agreement (Redbox Automated Retail, LLC)
Authority of Manager. (a) The Manager shall have may exercise all the exclusive authority to manage the operations and affairs of the Company, shall have the power on behalf and in the name powers of the Company to carry out any and all whether derived from law, the Articles of Organization, this Agreement, or the objects and purposes of the CompanyManager's Agreement, and shall have all authorityexcept such powers as are by statute, rights, and powers conferred by law and those required or appropriate for the management of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager Articles of Organization, by this Agreement, or by the Manager's Agreement vested solely in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representativesMembers.
Appears in 2 contracts
Samples: Operating Agreement (Public Service Co of Oklahoma), Operating Agreement (Public Service Co of Oklahoma)
Authority of Manager. (a) The business of the Company shall be managed by the Manager pursuant to the provisions of this Agreement and the Management Agreement. The Manager shall have the exclusive authority and full discretion with respect to manage the operations and affairs of the Company, shall have the power on behalf and in the name of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the business of the Company businessand the Subsidiaries.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 1 contract
Samples: Operating Agreement (Insight Communications Co Inc)
Authority of Manager. (a) The Except with respect to the matters as to which the approval of the Member is expressly required hereunder, the Manager shall will have the full and exclusive authority to manage the operations business and affairs of the Company, shall have the power on behalf Company and in the name of the Company to carry out any and perform all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required acts as may be necessary or appropriate for the management conduct of the Company's business. Unless authorized to do so by this Agreement or by the Manager, no Member, agent or employee of the Company businesswill have any power or authority to bind the Company in any way, to pledge its credit or to render it liable for any purpose.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 1 contract
Authority of Manager. (a) The Manager shall have the sole and exclusive authority right to manage the operations business of the Company. The Manager shall have all powers and affairs rights necessary, appropriate or advisable to effectuate and carry out the purposes and business of the Company, shall have including the power to execute any contract or other agreement or document on behalf and in the name of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Armtec Countermeasures TNO Co.)
Authority of Manager. (a) The Except as otherwise provided in this Agreement, the Manager shall have the sole and exclusive authority right to manage the operations and affairs of the Company, shall have the power on behalf and in the name business of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authoritypowers and rights necessary, rights, appropriate or advisable to effectuate and powers conferred by law carry out the purposes and those required or appropriate for the management business of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by Company. In making decisions, the Manager in accordance should seek consensus with this Agreement shall be conclusive and absolutely binding upon the Member prior to taking actions that are material to the Company’s business; provided, however, that the Members Manager may independently take action and their respective successors, assigns and personal representativessuch actions will be binding on the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Redbox Automated Retail, LLC)
Authority of Manager. (a) The Manager shall have the exclusive authority power to manage bind the operations Company and affairs of may exercise all the Company, shall have the power on behalf and in the name powers of the Company to carry out any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Companywhether derived from law, the Members and their respective successors, assigns and personal representativesArticles of Organization or this Agreement.
Appears in 1 contract
Authority of Manager. (a) The Manager Except for situations in which the approval of the Members is expressly required by this Operating Agreement or by non-waivable provisions of applicable law, the Managers shall have the exclusive authority full and complete authority, power, and discretion to manage and control the operations business, affairs, and affairs properties of the Company, shall have the power to make all decisions regarding those matters, to execute and deliver on behalf and in the name of the Company any agreement or instrument, and to carry out perform any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required other acts or appropriate for activities customary or incident to the management of the Company Company’s business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with this Agreement shall be conclusive and absolutely binding upon the Company, the Members and their respective successors, assigns and personal representatives.
Appears in 1 contract
Authority of Manager. (a) The Manager shall have is hereby granted the exclusive authority to manage the operations and affairs of the Company, shall have the power do on behalf of Owners, in Owners’ names, all things which are necessary, proper or desirable to carry out the duties and responsibilities of Manager under this Agreement, including the authority to perform on Owners’ behalf any agreement entered into by Owners with respect to the Projects and to execute documents in the name of the Company an Owner when authorized to carry out any and all of the objects and purposes of the Company, and shall have all authority, rights, and powers conferred by law and those required or appropriate for the management of the Company business.
(b) The Members agree that all determinations decisions and actions made or taken by the Manager in accordance with do so pursuant to this Agreement shall be conclusive and absolutely binding upon the CompanyAgreement, the Members and their respective successorsorganizational documents of such Owner, assigns and personal representatives.or otherwise in writing by such Owner, subject to
Appears in 1 contract
Samples: Asset Management Agreement