Company Powers. Both Parties agree that having fully qualified persons functioning in their assigned positions is a key element in the sustained development of the Company. Therefore, both Parties understand and agree that the Company enjoys the right to make adjustments to the Employee’s position and responsibilities if and when the Company deems such adjustments appropriate.
Company Powers. The Company shall have all of the powers and rights conferred upon limited liability companies formed pursuant to the Act necessary, convenient or incidental to accomplish the purposes of the Company set forth in Section 7.
Company Powers. (a) In furtherance of the business purpose specified in Section 2.4 hereof, but subject to the limitations and restrictions set forth in this Agreement, the Company shall be empowered to do or cause to be done, or omit to do or cause to be done, any and all acts deemed to be necessary or advisable in furtherance of the business purpose of the Company, including, without limitation, the power and authority to:
(i) Have, maintain or close one or more offices within or without the Commonwealth of Massachusetts and in connection therewith to rent or acquire office space and to engage personnel;
(ii) Open, maintain and close bank and money market accounts, including the power to draw checks or other orders for the payment of moneys, and to invest such funds as are temporarily not required for Company purposes in short-term investments;
(iii) Bring and defend actions and proceedings at law or equity before any domestic or foreign governmental or regulatory authority, agency or commission (each, a "Governmental Entity");
(iv) Have outstanding at any time any indebtedness (including any indebtedness of subsidiaries) for money borrowed, guarantee the obligations of others or otherwise become contingently liable with respect to any indebtedness or obligations of others (collectively, "Company Debt"), and, in connection therewith, to grant security interests, if and only if the Company Debt was incurred in connection with, or for the purpose of entering into, the financing of the operations of the business of or for other business purposes of the Company; provided, that "Company Debt" shall, for purposes of this Agreement, be deemed to include all interest, fees (including commitment, guaranty and facility fees), expenses thereon and all other amounts due in respect thereof;
(v) Enter into, perform and carry out contracts and agreements of every kind necessary or incidental to the accomplishment of the Company's purposes, and to take or omit to take such other action in connection with the business of the Company as may be necessary or desirable to further the purposes of the Company; and
(vi) Carry on any other activities necessary to, in connection with, or incidental to any of the foregoing or the Company's business.
(b) Notwithstanding anything in Section 2.5(a) to the contrary, the Company will not take any action, nor will any Member or officer or employee of the Company take any action, which, in each such case, would cause the Company, any Member or any Affil...
Company Powers. The Company shall be empowered to do or cause to be done any and all acts and things necessary or advisable in furtherance of the business purpose of the Company described in Section 2.3, subject only to the limitations set forth in Section 4.3 and applicable law.
Company Powers. In furtherance of the business purpose specified in Section 2.3, but subject to the limitations thereof and to any consent rights of any Members set forth in this Agreement, the Company and the Board, acting on behalf of the Company, shall be empowered to do or cause to be done any and all acts deemed by the Board to be necessary or advisable in furtherance of the business purpose of the Company, including the power and authority:
(a) to acquire, hold, manage, own, sell, transfer, convey, assign, exchange, pledge or otherwise dispose of the Company’s interest in property held by the Company;
(b) to establish, have, maintain or close one or more offices within or without the State of Delaware and in connection therewith to rent or acquire office space and to engage personnel;
(c) to open, maintain and close bank accounts, including the power to draw checks or other orders for the payment of moneys, and to invest such funds as are temporarily not otherwise required for Company purposes;
(d) to bring and defend actions and proceedings at Law or in equity or before any Governmental Authority;
(e) to hire consultants, custodians, attorneys, accountants and such other agents and officers of the Company as it may deem necessary or advisable, and to authorize each such agent to act for and on behalf of the Company;
(f) to make all elections, investigations, evaluations and decisions, binding the Company thereby, that may, in the judgment of the Board, be necessary or appropriate for the accomplishment of the Company’s business purposes;
(g) to enter into, perform and carry out contracts and agreements of every kind necessary or incidental to the accomplishment of the Company’s business purpose, and to take or omit to take such other action in connection with the business of the Company as may be necessary or desirable to further the business purpose of the Company; and
(h) to carry on any other activities necessary to, in connection with, or incidental to any of the foregoing or the Company’s business.
Company Powers. The Company shall have the power to perform any and all acts and things necessary, appropriate, proper, advisable, incidental to or convenient for the furtherance and performance of such purposes, and for the protection and benefit of its assets.
Company Powers. The company shall have such powers and authority as are necessary and appropriate in order to carry out its duties under the Plan, including, without limitation, the power:
(i) to obtain such information as it shall deem necessary in order to carry out its duties under the Plan;
(ii) to investigate the correctness and validity of information furnished with respect to an application for a Regular Benefit;
(iii) to make initial determinations with respect to Regular Benefits;
(iv) to establish reasonable rules, regulations and procedures concerning
(1) the manner in which and the times and places at which applications shall be filed for Regular Benefits, and
(2) the form, content and substantiation's of applications for Regular Benefits. In establishing such rules, regulations and procedures, the company shall give due consideration to recommendations from the Board;
(v) to designate an office or department at each Plant, or in the alternative a location in the general area of such Plant, where Employees laid off from such Plant may appear for the purpose of complying with the requirements of the Plan (it being understood that a single location may be established to serve a group of Plants within a single area);
(vi) to establish appropriate procedures for giving notices required to be given under the Plan;
(vii) to establish and maintain necessary records; and
(viii) to prepare and distribute information explaining the Plan.
Company Powers. The Company shall have such powers and authority as are necessary and appropriate in order to carry out its duties under the Plan, including, without limitation, the power to:
(1) obtain such information as it shall deem necessary to carry out its duties under the Plan;
(2) investigate the correctness and validity of information furnished with respect to an application for an IMP Benefit;
(3) make initial determinations with respect to IMP Benefits;
(4) establish reasonable rules, regulations and procedures concerning:
(i) the manner in which and the times and places at which an application shall be filed for IMP Benefits,
(ii) the form, content and substantiation of the application for IMP Benefits;
(iii) the allocation of Statutory Benefits and Income from Other Sources that are not directly attributable to specific Weeks for purposes of determining IMP Benefits;
(5) determine the amount of Company funds that have been expended under the Plan to ensure that the Maximum Company Liability Amount, as defined under section 14(c), will not be exceeded;
(6) establish appropriate procedures for giving notices required to be given under the Plan;
(7) establish and maintain necessary records;
(8) furnish the Union an annual report for each calendar year as to Company expenditures counted against the Maximum Company Liability Amount; and
(9) prepare and distribute information explaining the Plan.
Company Powers. 23 2.5 Registered Office and Agent ................................... 24 2.6 Term .......................................................... 25 2.7 Principal Place of Business ................................... 25 2.8 Title to Company Property ..................................... 25 2.9 Business Transactions of the Members and Managers with the Company ....................................................... 25 2.10 Fiscal Year ................................................... 25 ARTICLE III
Company Powers. (a) The Company shall have the power: (i) to acquire and operate the Business; (ii) to acquire or lease all equipment, supplies and services and to make improvements necessary for the ownership, operation, management and maintenance of the Business; (iii) to borrow or raise money necessary for the acquisition, ownership, operation, management and maintenance of the Business; (iv) to use any contributions from the Members for such purposes; (v) to execute any documents required in connection with the foregoing; (vi) to do any and all acts and things which may be necessary, appropriate, proper, advisable, incidental or convenient to or for the furtherance of the Business as contemplated by this Agreement; and (vii) to take any other action permissible under the Act in connection with the Business;
(b) The Company may enter into, deliver and perform all contracts, agreements and other undertakings and engage in all activities and transactions as may be necessary or appropriate to carry out the foregoing purposes. Without limiting the foregoing, the Company may:
(i) acquire, sell, lease, exchange, transfer, assign, encumber, pledge or mortgage assets of the Business or otherwise exercise all rights, powers, privileges and other incidents of ownership or possession with respect to such assets;
(ii) borrow or raise money and secure the payment of any obligations of the Company by mortgage upon, or pledge or hypothecation of, all or any part of the assets of the Company;
(iii) engage personnel, whether part-time or full-time, to do such acts as are necessary or advisable in connection with the maintenance, operation and administration of the Company and its investments; and
(iv) engage attorneys, independent accountants, investment bankers, consultants or such other Persons as are necessary or advisable.
