Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Ubs Pw Technology Partners LLC), Limited Liability Company Agreement (Pw Sequoia Fund LLC), Limited Liability Company Agreement (Db Absolute Return Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "“sole discretion" ” or "“discretion" ” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund Company or the Members, ; or (ii) in its "“good faith" ” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 9 contracts
Samples: Limited Liability Company Operating Agreement (FEG Absolute Access Fund I LLC), Limited Liability Company Operating Agreement (FEG Directional Access TEI Fund LLC), Limited Liability Company Operating Agreement (Feg Absolute Access Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "“sole discretion" ” or "“discretion" ” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (ii) in its "“good faith" ” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund LLC), Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Limited Liability Company Operating Agreement (Rochdale Alternative Total Return Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Gam Avalon Multi Market Neutral LLC), Limited Liability Company Agreement (Gam Avalon Multi Us LLC), Limited Liability Company Agreement (Gam Avalon Multi-Global LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the MembersLimited Partners, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Gam Avalon Multi-Global Lp), Limited Partnership Agreement (Gam Avalon Multi Technology Lp), Limited Partnership Agreement (Gam Avalon Multi-Europe Lp)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Master Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Limited Liability Company Operating Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "“sole discretion" ” or "“discretion" ” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the TEI Fund or the Members, ; or (ii) in its "“good faith" ” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund TEI LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority auth01ity or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision (i) in its "“sole discretion" ” or "“discretion" ” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "“good faith" ” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Curan Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (ia) in its "“sole discretion" ” or "“discretion" ” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (iib) in its "“good faith" ” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Rochdale High Yield Advances Fund LLC)
