Common use of Management and Administrative Services Clause in Contracts

Management and Administrative Services. (a) All decisions regarding the Company shall be made by the Manager, and except if such powers are expressly limited by this Agreement or by law, the Manager, acting alone, shall have all of the lawful and specific rights and powers required and appropriate to its control of the business and affairs of the Company, including by way of illustration but not by way of limitation the following: (i) To execute, acknowledge, swear to and deliver any kind of contract, note, deed, contract for sale, bill of sale or other documents or instruments which the Manager may deem necessary to effectuate and exercise the rights and powers possessed by the Members. (ii) To continue the business of the Company as, provided in this Agreement upon the retirement, death, adjudication of insanity or incompetency, or adjudication of bankruptcy of any Member. (iii) To dissolve the Company after the assets of the Company have been distributed as provided in this Agreement. (b) Notwithstanding any other provision of this Agreement or otherwise applicable provision of law or equity, whenever in this Agreement, the Manager is permitted or required to make a decision, it shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall, to the fullest extent permitted by applicable law, have no duty or obligation to give any consideration to any interest of or factors affecting the Company or the other Members.

Management and Administrative Services. (a) All decisions regarding the Company shall be made by the Manager, and except if such powers are expressly limited by this Agreement or by law, the Manager, acting alone, shall have all of the lawful and specific rights and powers required and appropriate to its control of the business and affairs of the Company, including by way of illustration but not by way of limitation the following: (i) To execute, acknowledge, swear to and deliver any kind of contract, note, deed, contract for sale, bill xxxx of sale or other documents or instruments which the Manager may deem necessary to effectuate and exercise the rights and powers possessed by the Members. (ii) To continue the business of the Company as, provided in this Agreement upon the retirement, death, adjudication of insanity or incompetency, or adjudication of bankruptcy of any Member. (iii) To dissolve the Company after the assets of the Company have been distributed as provided in this Agreement. (b) Notwithstanding any other provision of this Agreement or otherwise applicable provision of law or equity, whenever in this Agreement, the Manager is permitted or required to make a decision, it shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall, to the fullest extent permitted by applicable law, have no duty or obligation to give any consideration to any interest of or factors affecting the Company or the other Members.