Common use of Company Powers Clause in Contracts

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. 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 The Company and the Board, Manager (acting on behalf of the Company, ) shall be empowered to do or cause to be done any possess and may exercise all acts deemed of the powers and privileges granted by the Board to be Act or by any other law or by this Agreement, together with any powers incidental thereto, so far as such powers and privileges are necessary or advisable in furtherance convenient to the conduct, promotion or attainment of the business purpose purposes of the CompanyCompany specified in Section 2.3 hereof, including without limitation the power and authority: power: (a) to acquire, hold, manage, own, sell, transfer, convey, assign, exchange, license, pledge or otherwise dispose of the Company’s 's interest in assets or any property held by the Company; , including without limitation stocks, bonds, notes or other similar interests issued by the Corporation and, upon the consent of a Majority of Members, by any other Person; (b) to engage personnel and 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; space; (c) to open, maintain and close bank and brokerage accounts, including without limitation the power (i) to set up escrow accounts, (ii) to draw checks or other orders for the payment of moneys, moneys and (iii) to invest such funds as are temporarily not otherwise required for Company purposes; ; (d) to bring and defend actions and proceedings at Law law or in equity or before any Governmental Authority; governmental, administrative or other regulatory agency, body or commission; (e) to hire consultants, custodians, attorneys, accountants and such other agents agents, officers and officers employees of the Company as it may deem necessary or advisable, advisable and to authorize each such agent or employee 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 sole judgment of the BoardManager, be necessary or appropriate for to further the accomplishment business purposes 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 's business purposepurposes (including without limitation the Purchase Agreement, the Registration Rights Agreement, the Debt Restructuring Agreement, the Guaranty and the Pledge and Security Agreement) 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 purposes of the Company; and and (h) to carry on any other activities necessary to, in connection with, with or incidental to any of the foregoing or the Company’s 's business.

Company Powers. In furtherance of the business purpose specified in Section 2.3The Company and, but subject to the limitations thereof and to any consent rights of any Members set forth in this AgreementSection 4.2, the Company and the Board, Board (acting on behalf of the Company), shall be empowered to do or cause to be done any possess and may exercise all acts deemed of the powers and privileges granted by the Board to be Act or by any other law or by this Agreement, together with any powers incidental thereto, so far as such powers and privileges are necessary or advisable in furtherance convenient to the conduct, promotion or attainment of the business purpose purposes of the CompanyCompany specified in Section 2.3 hereof, including including, without limitation, the power and authoritypower: (a) to acquire, hold, manage, own, sell, transfer, convey, assign, exchange, license, pledge or otherwise dispose of the Company’s interest 's interests in assets or any property held by the Company, including, without limitation, interests in real estate, intellectual property rights and other proprietary processes, products or services; (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 and brokerage 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 law or in equity or before any Governmental Authoritygovernmental, administrative or other regulatory agency, body or commission; (e) to hire consultants, custodians, attorneys, accountants and such other agents agents, officers and officers employees of the Company as it may deem necessary or advisable, and to authorize each such agent and employee 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 sole judgment of the Board, be necessary or appropriate for to further the accomplishment business purposes 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 purposeBusiness, and to take or omit to take such other action in connection with the business of the Company Business as may be necessary or desirable to further the business purpose of the CompanyBusiness; and (h) to carry on any other activities necessary to, in connection with, or incidental to any of the foregoing or the Company’s businessBusiness.