IMPLIED POWERS Sample Clauses

IMPLIED POWERS. The principle of conferral reposes a legal basis in the form of a treaty provision which specifies explicit or implied competence of the EU. The implied powers doctrine was first introduced in legal field in 1819 by the United States (US) Supreme Court.101 The American federal model grants the federal state a limited set of conferred powers, tempered by the necessary and proper clause,102 impowering the US Congress to make laws under certain conditions.103 Firstly, the implied powers are mentioned in the scope of EU with the ERTA case in 1971 and introduced by the European Court of Justice (ECJ). In the Case, the regulation104 adopted by the Council regarding the agreement carrying the aspects of the international road transport for EU, was challenged by the Commission before the Court asserting the existing article on transport in the Treaty establishing the European Economic Community (TEEC)105 by demanding action for annulment. The Regulation of the Council was rising rights to negotiate agreements to the Member States within its framework. The demand of the Commission urged the first inter-institutional encounter before the ECJ, by recognizing the competence of the Commission to execute the agreements with regard to the existing Regulation of the EU106. The base for the implied powers in the EU’s history has been built along with the ECJ’s ruling in the case 101 Xxxxxxx, Xxx, “Readmission Agreements Concluded by the EU”, Masterproef van de opleiding in recten, Universiteit Gent, 2011. Page 25. 102 Article. 0, Xxxxxxx 0, X.X. Constitution. 103 Article 1, Section 8, Clause 18 of the US Constitution: “…to make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department thereof.” ; Also see: Case XxXxxxxxx v. Maryland [1819], available at: xxxxx://xxx.xxxxxxxxxxxxx.xxx/cases/xxxxxxxxx-v-maryland (last accessed on 28 May 2019) 104 Regulation No 543/69 of the Council. 105 Article 75 TEEC on Transport, available at: xxxxx://xxx.xx.xxx.xx/files/ardb/evt/1_avrupa_birligi/1_3_ antlasmalar/1_3_1_kurucu_antlasmalar/1957_treaty_establishing_eec.pdf (last accessed on 29 May 2019 ) 106 Xxxxxxx, Xxx, “Readmission Agreements Concluded by the EU”, Masterproef van de opleiding in recten, Universiteit Gent, 2011. Page 27. empowering the Commission’s competence in the external legislation pursuant the rights derive from the intern...
Sample 1
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IMPLIED POWERS. Take any management, coordination, or supervisorial actions necessary to maintain and operate the Property or effectuate the terms of this Agreement. Without limiting the foregoing or any other provision in this Agreement, Agent shall have such powers as are customarily given to property managers of properties which are similar in nature, location, and character to the Property. The use of any implied powers by Agent shall be in good faith and for the preservation of the Property and not inconsistent with any express provision in this Agreement.
Sample 1

Related to IMPLIED POWERS

  • Rights and Powers Each Agent may, in connection with its services hereunder:

  • Purposes and Powers The purpose of the Trust is to engage in the following activities:

  • Statutory Powers For the purposes of all powers implied by statute the Secured Obligations shall be deemed to have become due and payable on the date of this Assignment.

  • Organization and Power The Purchaser is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation and has all requisite power and authority to carry on its business as presently conducted and as proposed to be conducted.

  • Governmental Powers It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities.

  • Organization and Good Standing; Power and Authority Buyer is a corporation duly incorporated, validly existing and in good standing under the laws of the Commonwealth of Massachusetts. Subject to the receipt of the Regulatory Approval, Buyer has all requisite power and authority to execute, deliver, and perform its obligations under this Agreement.

  • Specific Powers The Member is authorized on the Company’s behalf to make all decisions as to (i) the sale, lease or other disposition of the Company’s assets; (ii) the purchase or other acquisition of other assets of all kinds; (iii) the management of all or any part of the Company’s assets and business; (iv) the borrowing of money and the granting of security interests in the Company’s assets (including loans from the Member); (v) the repayment, refinancing or extension of any mortgage affecting the Company’s assets; (vi) the compromise or release of any of the Company’s claims or debts; (vii) the payment of pensions and the establishment of pension plans, pension trusts, profit sharing plans, and benefit and incentive plans for the Member and the Company’s employees; (viii) the making of donations to the public welfare or for religious, charitable, scientific, literary or education purposes; (ix) the purchase of insurance on the life of any employee of the Member or the Company; (x) the participation in partnerships, joint ventures or other associations of any kind with any Person or Persons; and (xi) the making of all elections available to the Company under any federal or state tax law or regulations.

  • Organization, Standing and Power Each of the Company and each of the Company’s Subsidiaries (the “Company Subsidiaries”) is duly organized, validly existing and in good standing under the Laws of the jurisdiction in which it is organized (in the case of good standing, to the extent such jurisdiction recognizes such concept), except, in the case of the Company Subsidiaries, where the failure to be so organized, existing or in good standing, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. Each of the Company and the Company Subsidiaries has all requisite corporate or similar power and authority and possesses all Permits necessary to enable it to own, lease, operate or otherwise hold its properties and assets and to conduct its businesses as presently conducted (the “Company Permits”), except where the failure to have such power or authority or to possess the Company Permits, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. Each of the Company and the Company Subsidiaries is duly qualified or licensed to do business in each jurisdiction where the nature of its business or the ownership, operation or leasing of its properties and assets makes such qualification necessary, other than in such jurisdictions where the failure to be so qualified or licensed, individually or in the aggregate, has not had and would not reasonably be expected to have a Company Material Adverse Effect. The Company has made available to Parent, prior to execution of this Agreement, true and complete copies of the Amended and Restated Articles of Incorporation of the Company in effect as of the date of this Agreement, together with all amendments thereto in effect as of the date of this Agreement (the “Company Articles”), and the Amended and Restated Regulations of the Company in effect as of the date of this Agreement, together with all amendments thereto in effect as of the date of this Agreement (the “Company Regulations”). Each of the Company Articles and the Company Regulations were duly adopted and is in full force and effect as of the date of this Agreement. Neither the Company nor any Company Subsidiary is in violation in any material respect of any provision of such documents.

  • REPRESENTATIONS AND WARRANTIES OF THE ASSUMING INSTITUTION The Assuming Institution represents and warrants to the Corporation and the Receiver as follows:

  • Existence and Power The Seller is a limited liability company validly existing and in good standing under the laws of the State of Delaware and has, in all material respects, all power and authority required to carry on its business as it is now conducted. The Seller has obtained all necessary licenses and approvals in each jurisdiction where the failure to do so would materially and adversely affect the ability of the Seller to perform its obligations under the Transaction Documents or affect the enforceability or collectibility of the Receivables or any other part of the Transferred Assets.

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