Common use of Authorized Acts Clause in Contracts

Authorized Acts. In furtherance of the Company Business, but subject to all other provisions of this Agreement, the Board of Managers, on behalf of the Company, is hereby authorized and empowered: (a) to do any and all things and perform any and all acts necessary or incidental to the Company Business; (b) to enter into, and take any action under, any contract, agreement or other instrument as the Board of Managers shall determine to be necessary or desirable to further the objects and purposes of the Company, including contracts or agreements with any Member or prospective Member; (c) to open, maintain and close bank accounts and draw checks or other orders for the payment of money and open, maintain and close brokerage, money market fund and similar accounts; (d) to hire, for usual and customary payments and expenses, consultants, brokers, attorneys, accountants and such other agents for the Company as it may deem necessary or advisable, and authorize any such agent to act for and on behalf of the Company; (e) to incur expenses and other obligations on behalf of the Company in accordance with this Agreement, and, to the extent that funds of the Company are available for such purpose, pay all such expenses and obligations; (f) to bring and defend actions and proceedings at law or in equity and before any governmental, administrative or other regulatory agency, body or commission; (g) to establish Reserves in accordance with this Agreement or the Act for contingencies and for any other purpose of the Company; (h) to prepare and file all necessary returns and statements, pay all taxes, assessments and other impositions applicable to the assets of the Company, and withhold amounts with respect thereto from funds otherwise distributable to any Member; (i) to determine the accounting methods and conventions to be used in the preparation of any accounting or financial records of the Company, which, in any case, must be consistent with GAAP; and (j) to act for and on behalf of the Company in all matters incidental to the foregoing.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (STR Holdings (New) LLC), Limited Liability Company Agreement (STR Holdings LLC), Limited Liability Company Agreement (STR Holdings (New) LLC)

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Authorized Acts. In furtherance of the Company Business, but subject to all other any applicable provisions of this Agreement, the Board of Managers, on behalf of the Company, is hereby authorized and empowered: (a) to do any and all things and perform any and all acts necessary or incidental to the Company Business; (b) to enter into, and take any action under, any contract, agreement or other instrument as the Board of Managers shall determine to be necessary or desirable to further the objects and purposes of the Company, including without limitation contracts or agreements with any Member or prospective Member; (c) to open, maintain and close bank accounts and draw checks or other orders for the payment of money and open, maintain and close brokerage, money market fund and similar accounts; (d) to hire, for usual and customary payments and expenses, consultants, brokers, attorneys, accountants and such other agents for the Company as it may deem necessary or advisable, and authorize any such agent to act for and on behalf of the Company; (e) to incur expenses and other obligations on behalf of the Company in accordance with this Agreement, and, to the extent that funds of the Company are available for such purpose, pay all such expenses and obligations; (f) to borrow money, guarantee any obligation or grant a security interest in the Company’s assets, which borrowing, guarantee or security interest shall be on such terms as the Board of Managers shall determine; (g) to bring and defend actions and proceedings at law or in equity and before any governmental, administrative or other regulatory agency, body or commission; (gh) to establish Reserves in accordance with this Agreement or the Act reserves for contingencies and for any other purpose of the Company; (hi) to prepare and file all necessary returns and statements, pay all taxes, assessments and other impositions applicable to the assets of the Company, and withhold amounts with respect thereto from funds otherwise distributable to any Member; (ij) to determine the accounting methods and conventions to be used in the preparation of any accounting or financial records of the Company, which, in any case, must be consistent with GAAP; and (jk) to act for and on behalf of the Company in all matters incidental to the foregoing.

Appears in 1 contract

Samples: Limited Liability Company Agreement (PSAV, Inc.)

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Authorized Acts. In furtherance of the Company Business, but subject to all other provisions of this Agreement, the The Board of Managers, on behalf of the Company, is hereby authorized and empowered: , subject to Section 4.03: (a) to do any and all things things, and perform any and all acts acts, necessary or incidental to the Company Business; ; (b) to enter into, and take any action under, any contract, agreement or other instrument as the Board of Managers shall determine to be necessary or desirable to further the objects and purposes of the CompanyCompany or the Company Business, including contracts or agreements with any Member or prospective Member; ; (c) to open, maintain and close bank accounts and draw checks or other orders for the payment of money and open, maintain and close brokerage, money market fund and similar accounts; ; (d) to hire, for usual and customary payments and expenses, consultants, brokers, attorneys, accountants and such other agents for the Company as it may deem necessary or advisable, and authorize any such agent to act for and on behalf of the Company; ; (e) to incur expenses and other obligations on behalf of the Company in accordance with this Agreement, and, to the extent that funds of the Company are available for such purpose, pay all such expenses and obligations; ; (f) to bring and defend actions and proceedings at law or in equity and before any governmental, administrative or other regulatory agency, body or commission; ; (g) to establish Reserves in accordance with this Agreement or the Act for contingencies and for any other purpose of the Company; ; (h) to prepare and file all necessary returns and statements, pay all taxes, assessments and other impositions applicable to the assets of the Company, and withhold amounts with respect thereto from funds otherwise distributable to any Member; ; (i) to determine the accounting methods and conventions to be used in the preparation of any accounting or financial records of the Company, which, in any case, must be consistent with GAAP; and (j) to cause any of the Appgate Entities to do any of the foregoing; and (k) to act for and on behalf of the Company in all matters incidental to the foregoing.

Appears in 1 contract

Samples: Restructuring Support Agreement (Appgate, Inc.)

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