Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 5.1.2, the Manager shall have the power to (i) create classes of Investor Shares with such terms and conditions as the Manager may determine in its sole discretion; (ii) issue Shares to any person for such consideration as the Manager maybe determine in its sole discretion, and admit such persons to the Company as Investor Members; (iii) engage the services of third parties to perform services on behalf of the Company; (iv) enter into one or more joint ventures; (v) purchase, lease, sell, or otherwise dispose of real estate and other assets, in the ordinary course of business or otherwise; (vi) enter into leases and any other contracts of any kind; (vii) incur indebtedness on behalf of the Company, whether to banks or other lenders; (viii) determine the amount of the Company’s Available Cash and the timing and amount of distributions to Members; (ix) determine the information to be provided to the Members; (x) grant mortgages, liens, and other encumbrances on the Company’s assets; (xi) make all elections under the Code and the provisions of State and local tax laws; (xiii) file a petition in bankruptcy; (xiv) discontinue the business of the Company; and (xv) dissolve the Company.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 5.1.2, the Manager shall have the power to (i) determine and adjust the price of Class A Shares from time to time; (ii) issue Class A Shares to any person for such consideration as the Manager maybe determine in its sole discretion, and admit such persons to the Company as Class A Members; (iii) make all decisions concerning the Property; (iv) engage the services of third parties to perform services; (v) enter into joint ventures, leases and any other contracts of any kind; (vi) incur indebtedness, whether to banks or other lenders; (vii) determine the amount and the timing of distributions; (ix) determine the information to be provided to the Members; (x) grant mortgage, liens, and other encumbrances on the assets of the Company and the Property; (xi) make all elections under the Code and State and local tax laws; (xii) file and settle lawsuits; (xiii) file a petition in bankruptcy; (xiv) discontinue the business of the Company; (xv) sell all or any portion of the assets of the Company or the Property; and (xvi) dissolve the Company.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 5.1.2, the Manager shall have the power to:
(a) Create series of Preferred Stock, as well as other interests in the Company.
(b) Issue Shares and other interests to such persons and for such consideration as the Manager may determine from time to time.
(c) Incur any indebtedness on behalf of the Company, whether to banks or other lenders.
(d) Enter into any agreement or contract.
(e) Determine the amount and timing of any distributions.
(f) Determine the information to be provided to Members concerning the Company.
(g) Enter into a merger or consolidation with another entity or acquire any stock or securities in any the Company or other entity, including a subsidiary the Company whose stock is wholly owned by the Company.
(h) Change the Company’s business or enter into new businesses.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in Section 5.1.2, the Manager shall have the power to:
5.1.4.1 create series of Investor Shares with such terms and conditions as the Manager may determine in its sole discretion;
5.1.4.2 issue Shares to any person for such consideration as the Manager may be determine in its sole discretion, and admit such persons to the Company as Investor Members;
5.1.4.3 engage the services of third parties to perform services on behalf of the Company;
5.1.4.4 enter into one or more joint ventures;
5.1.4.5 purchase, lease, sell, or otherwise dispose of real estate and other assets, in the ordinary course of business or otherwise;
5.1.4.6 enter into leases and any other contracts of any kind;
5.1.4.7 incur indebtedness on behalf of the Company, whether to banks or other lenders;
5.1.4.8 determine the amount of the Company’s Available Cash and the timing and amount of distributions to Members;
5.1.4.9 determine the information to be provided to the Members;
5.1.4.10 grant mortgage, liens, and other encumbrances on the Company’s assets;
5.1.4.11 make all elections under the Code and the provisions of State and local tax laws;
5.1.4.12 file and settle lawsuits on behalf of the Company;
5.1.4.13 file a petition in bankruptcy;
5.1.4.14 discontinue the business of the Company; and
5.1.4.15 dissolve the Company.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 6.1.2, the Manager shall have the power, on behalf of the Company, to:
(a) Select, manage, and dispose of Portfolio Investments;
(b) Issue Shares to such persons and on such terms as it may designate in its sole discretion;
(c) Enter into contracts of any kind, including but not limited to leases, management agreements, and joint venture agreements;
(d) Incur indebtedness, whether to banks or other lenders;
(e) Hire consultants, advisors, custodians, attorneys, accountants, placement agents, and employees;
(f) Make short-term investments in money markets, certificates of deposits, obligations guaranteed by the United States, and similar instruments;
(g) Make any and all elections under the Code or any state or local tax law;
(h) Maintain and release reserve accounts;
(i) Determine the timing and amount of distributions;
(j) Determine the information to be provided to the Members;
(k) Grant liens and other encumbrances on the Company’s assets, including but not limited to Portfolio Investments;
(l) File, prosecute, defend, and settle lawsuits and governmental investigations and actions;
(m) Discontinue the business of the Company; and
(n) Dissolve the Company.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 5.1.2, the Manager shall have the power to (i) create classes of Investor Shares with such terms and conditions as the Manager may determine in its sole discretion; (ii) issue Shares to any person for such consideration as the Manager maybe determine in its sole discretion, and admit such persons to the Company as Investor Members; (iii) engage the services of third parties to perform services on behalf of the Company; (iv) enter into one or more joint ventures;
Examples of Manager’s Authority. Without in any way limiting the foregoing, the Manager shall, either directly or by engaging its officers, affiliates, agents or third parties, perform the following duties:
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 8.2, the Manager shall have the power to (i) admit new Members on such terms as the Manager may determine; (ii) enter into leases and any other contracts of any kind; (iii) incur indebtedness on behalf of the Company, whether to banks or other lenders; (iv) determine the timing and amount of distributions; (v) determine the information to be provided to the Members; (vi) grant liens and other encumbrances on the Company’s assets; (vii) file and settle lawsuits on behalf of the Company; (viii) change the Company’s business strategy; (ix) sell or otherwise dispose of all or substantially all of the Company’s business or assets, in the ordinary course of business or otherwise; (x) discontinue the business of the Company; and (xi) dissolve the Company.
Examples of Manager’s Authority. Without limiting the grant of authority set forth in this section, the Manager shall have the power to (i) admit new members on such terms as the Manager may determine; (ii) enter into leases and any other contracts of any kind; (iii) sell securities and incur indebtedness on behalf of the Company, whether to investors or financial institutions; (iv) determine the timing and amount of distributions; (v) determine the information to be provided to members; (vi) make loans and other liens on and “qualifying interests” in real estate; (vii) grant liens and other encumbrances on the Company’s assets; (viii) file and settle lawsuits on behalf of the Company; (ix) develop and change the Company’s business strategy; (x) sell or otherwise dispose of all or substantially all of the Company’s business or assets, in the ordinary course of business or otherwise; (xi) discontinue the business of the Company; and (xii)
Examples of Manager’s Authority. Without limiting the grant of authority set forth in section 5.1.2, the Manager shall have the power to (i) create classes of Investor Shares with such terms and conditions as the Manager may determine in its sole discretion; (ii) issue Shares to any person for such consideration as the Manager maybe determine in its sole discretion, and admit such persons to the Company as Investor Members; (iii) engage the services of third parties to perform services on behalf of the Company; (iv) enter into one or more joint ventures; (v) purchase, lease, sell, or otherwise dispose of real estate and other assets, in the ordinary course of business or otherwise; (vi) enter into leases and any other contracts of any kind; (vii) incur indebtedness on behalf of the Company, whether to banks or other lenders;
