Common use of Certain Powers of the Manager Clause in Contracts

Certain Powers of the Manager. Without limiting the generality of Section 4. 1, the Manager shall have power and authority on behalf of the Company: 4.4.1 To acquire property from and sell property to any person as the Manager may determine. The fact that a Member or Manager is directly or indirectly affiliated or connected with any such person shall not prohibit the Manager from dealing with that Person; 4.4.2 To borrow money for the Company from banks, other lending institutions, the Member, Manager, or affiliates of the Member or Manager on such terms as the Manager may deem appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums; 4.4.3 To purchase liability and other insurance to protect the Manager’s and the Company’s property and business; 4.4.4 To hold and own any Company real and personal property in the name of the Company or others as provided in this Agreement; 4.4.5 To invest Company funds temporarily to the extent not required to pay the current expenses of the Company; 4.4.6 To execute on behalf of the Company all instruments and documents, including, without limitation, checks, drafts, notes and other negotiable instruments, mortgages, or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company’s property, assignments, bills of sale, leases, partnership agreements, and any other instruments or documents necessary, in the opinion of the Manager, to accomplish the purposes of the Company; 4.4.7 To employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; 4.4.8 To enter into any and all other agreements on behalf of the Company, with any other Person for any purpose, in such forms as the Manager may approve; 4.4.9 To do and perform all other acts as may be necessary or appropriate to accomplish the purposes of the Company; and 4.4.10 To take such other actions as do not expressly require the consent of the Member under this Agreement.

Certain Powers of the Manager. Without limiting the generality of Section 4. 14.1, the Manager shall have power and authority on behalf of the Company: 4.4.1 To acquire property from and sell property to any person as the Manager may determine. The fact that a Member or Manager is directly or indirectly affiliated or connected with any such person shall not prohibit the Manager from dealing with that Person; 4.4.2 To borrow money for the Company from banks, other lending institutions, the Member, Manager, or affiliates of the Member or Manager on such terms as the Manager may deem appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums; 4.4.3 To purchase liability and other insurance to protect the Manager’s and the Company’s property and business; 4.4.4 To hold and own any Company real and personal property in the name of the Company or others as provided in this Agreement; 4.4.5 To invest Company funds temporarily to the extent not required to pay the current expenses of the Company; 4.4.6 To execute on behalf of the Company all instruments and documents, including, without limitation, checks, drafts, notes and other negotiable instruments, mortgages, or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company’s property, assignments, bills of sale, leases, partnership agreements, and any other instruments or documents necessary, in the opinion of the Manager, to accomplish the purposes of the Company; 4.4.7 To employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; 4.4.8 To enter into any and all other agreements on behalf of the Company, with any other Person for any purpose, in such forms as the Manager may approve; 4.4.9 To do and perform all other acts as may be necessary or appropriate to accomplish the purposes of the Company; and 4.4.10 To take such other actions as do not expressly require the consent of the Member under this Agreement.