Management of the Facilities Sample Clauses

Management of the Facilities. The Corporation shall provide for the management of the Facilities in a manner satisfactory to the Office. 1. So long as the Corporation is not in default under this Regulatory Agreement or the Loan Agreement, it may enter into a contract with a Management Agent, which is not an independent contractor, without the prior written consent of the Office, so long as such contract contains the following provisions regarding benefits or payments (including payments over time) to the Management Agent upon severance of employment: ALL BENEFITS OR PAYMENTS RESULTING FROM TERMINATION OR SEVERANCE OF THE EMPLOYMENT PROVIDED FOR IN THIS CONTRACT, WHICH ARE, OR MAY BE, PAID AFTER THE TERMINATION OR SEVERANCE OF SUCH EMPLOYMENT, MAY BE VOIDED OR TERMINATED BY THE OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT (OFFICE) SHOULD THE EMPLOYER DEFAULT IN THE DUE AND PUNCTUAL PAYMENT OF ANY INSTALLMENT OF INTEREST, PRINCIPAL OR REDEMPTION PRICE, IF ANY, OF ANY BOND INSURED BY THE OFFICE. THE OFFICE MAY VOID OR TERMINATE ANY CONTRACT PROVISION PROVIDING FOR THE PAYMENT OF SUCH BENEFITS OR PAYMENTS IN ITS SOLE DISCRETION, WHETHER PRIOR TO, OR SUBSEQUENT TO SEVERANCE OF THE EMPLOYMENT PROVIDED FOR IN THIS CONTRACT. 2. The Corporation shall not enter into any contract with a Management Agent which is an independent contractor without the prior written consent of the Office. 3. If the Corporation is in default under the terms and conditions of this Regulatory Agreement, it shall not enter into, or terminate any contract with a Management Agent without the prior written consent of the Office. 4. Any contract entered into by the Corporation with a Management Agent, whether or not such Management Agent is an independent contractor, shall contain a provision that it shall be subject to termination, with or without cause and without penalty upon thirty (30) days’ written notice of termination by the Office to the Corporation and the Management Agent. Provided, however, that so long as the Corporation is not in default under any obligation, term, or condition of this Regulatory Agreement to be performed by it, the Office will not exercise its right to replace such Management Agent without cause. 5. The Corporation shall not enter into any contract with a Management Agent, whether or not such Management Agent is an independent contractor, which compensates the Management Agent on a basis of a percentage of revenue.
Sample 1Sample 2
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Management of the Facilities. The management of each Facility shall be by the applicable Manager under the applicable Management Agreement. Any management agreement shall provide for a maximum allowable management fee of 4% of gross revenues. In no event shall any Manager be removed or replaced or the terms of any Management Agreement modified or amended without the prior written consent of Agent and with respect to the Facility Battery Park, with the consent of the Landlord under the Ground Lease. After an Event of Default or a default under any Management Agreement then in effect, which default is not cured within any applicable grace or cure period, Agent shall have the right to terminate, or to direct Borrowers to terminate, such Management Agreement upon 60 days' notice and to retain, or to direct Borrowers to retain, a new management agent approved by Agent. It shall be a condition of Agent's consent to any management agreement, whether with an affiliate of Borrowers or otherwise, that such manager enter into an agreement with Agent whereby the manager acknowledges and agrees to the aforesaid rights of Agent and as to such other matters as Agent may reasonably require.
Sample 1
Management of the Facilities. The Parent (for itself and in its capacity as Manager) hereby covenants and agrees that: (a) it shall continue at all times (whether or not a Management Fee may be payable) to manage the Facilities: (i) during the Forbearance Period, (ii) after the Termination Date, (iii) during the pendency of any bankruptcy proceeding filed by or against the Parent (including a Conforming Bankruptcy Proceeding), (iv) from and after it emerges from bankruptcy and (v) after the Lender acquires title to the Facilities upon a transfer and recordation of the deeds held in escrow pursuant to Section 5.1 of the Fourth Amendment or a foreclosure of any one or more mortgages; (b) notwithstanding any term or provision to the contrary contained in any Management Agreement or Manager's Subordination, it shall not be entitled to receive any fee from the Borrower for managing the Facilities other than the Management Fee in accordance with the terms of this Fourth Amendment; (c) notwithstanding any term or provision to the contrary contained in any Management Agreement or Manager's Subordination, it shall not terminate any of its Management Agreements without the prior written consent of the Lender.
Sample 1

Related to Management of the Facilities

  • MANAGEMENT OF THE BUSINESS Pursuant to Section 00-00-000 of the Act, and as stated in its Articles, the Company’s day to day affairs are managed by the Member. The Member is responsible for the daily operations of the business.

  • Banking Facilities Schedule 3.25 sets forth a complete and correct list of: (a) each bank, savings and loan or similar financial institution in which the Company or any of its Subsidiaries has an account or safety deposit box and the numbers of such accounts or safety deposit boxes maintained thereat; and (b) the names of all persons authorized to draw on each such account or to have access to any such safety deposit box, together with a description of the authority (and conditions thereto, if any) of each person with respect thereto.

  • Management and Operations of Business Except as otherwise expressly provided in this Agreement, all powers to control and manage the business and affairs of the Partnership shall be vested exclusively in the General Partner; the Limited Partner shall not have any power to control or manage the Partnership.

  • Management of Business (a) No Limited Partner or Assignee (other than the General Partner, any of its Affiliates or any officer, director, employee, agent or trustee of the General Partner, the Partnership or any of their Affiliates, in their capacity as such) shall take part in the operation, management or control (within the meaning of the Act) of the Partnership’s business, transact any business in the Partnership’s name or have the power to sign documents for or otherwise bind the Partnership. (b) The transaction of any such business by the General Partner, any of its Affiliates or any officer, director, employee, partner, agent or trustee of the General Partner, the Partnership or any of their Affiliates, in their capacity as such, shall not affect, impair or eliminate the limitations on the liability of the Limited Partners or Assignees under this Agreement.

  • Management of the Company The Company's business and affairs shall be conducted and managed by the Member(s) in accordance with this Agreement and the laws of the State of the Formation. Single-Member (Applies ONLY if Single-Member): The Member(s) of the Company has sole authority and power to act for or on behalf of the Company, to do any act that would be binding on the Company or incur any expenditures on behalf of the Company. The Member(s) shall not be liable for the debts, obligations, or liabilities of the Company, including under a judgment, decree, or order of a court. The Company is organized as a “member-managed” limited liability company. The Member(s) is designated as the initial managing Member(s). Multi-Member (Applies ONLY if Multi-Member): Except as expressly provided elsewhere in this Agreement, all decisions respecting the management, operation, and control of the business and affairs of the Company and all determinations made in accordance with this Agreement shall be made by the affirmative vote or consent of Member(s) holding a majority of the Members’ Percentage Interests. Notwithstanding any other provision of this Agreement, the Member shall not, without the prior written consent of the unanimous vote or consent of the Member(s), sell, exchange, lease, assign or otherwise transfer all or substantially all of the assets of the Company; sell, exchange, lease (other than space leases in the ordinary course of business), assign or transfer the Company’s assets; mortgage, pledge or encumber the Company’s assets other than is expressly authorized by this Agreement; prepay, refinance, modify, extend or consolidate any existing mortgages or encumbrances; borrow money on behalf of the Company; lend any Company funds or other assets to any person or entity; establish any reserves for working capital repairs, replacements, improvements or any other purpose; confess a judgment against the Company; settle, compromise or release, discharge or pay any claim, demand or debt, including claims for insurance; approve a merger or consolidation of the Company with or into any other limited liability company, corporation, partnership or other entity; or change the nature or character of the business of the Company. The Member(s) shall receive such sums for compensation as Member(s) of the Company as may be determined from time to time by the affirmative vote or consent of Member(s) holding a majority of the Member(s)’ Percentage Interests.

  • Employee Facilities Employee Facilities. Restrooms and attendant facilities shall be provided as required in the orders and regulations of the State of Washington Department of Labor and Industries. A good faith effort will be made by the Employer to provide facilities for employees’ personal belongings.

  • Trading Facilities Most open-outcry and electronic trading facilities are supported by computer-based component systems for the order-routing, execution, matching, registration or clearing of trades. As with all facilities and systems, they are vulnerable to temporary disruption or failure. Your ability to recover certain losses may be subject to limits on liability imposed by the system provider, the market, the clearing house and/or member firms. Such limits may vary; you should ask the firm with which you deal for details in this respect.

  • PUBLIC FACILITIES Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

  • Management of the Trust The business and affairs of the Trust shall be managed by or under the direction of the Trustees, and they shall have all powers necessary or desirable to carry out that responsibility. The Trustees may execute all instruments and take all action they deem necessary or desirable to promote the interests of the Trust. Any determination made by the Trustees in good faith as to what is in the interests of the Trust shall be conclusive. In construing the provisions of this Declaration, the presumption shall be in favor of a grant of power to the Trustees.

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to: (a) visit and inspect any of the properties of the Company or any of its Subsidiaries; (b) examine the corporate and financial records of the Company or any of its Subsidiaries (unless such examination is not permitted by federal, state or local law or by contract) and make copies thereof or extracts therefrom; and (c) discuss the affairs, finances and accounts of the Company or any of its Subsidiaries with the directors, officers and independent accountants of the Company or any of its Subsidiaries. Notwithstanding the foregoing, neither the Company nor any of its Subsidiaries will provide any material, non-public information to the Purchaser unless the Purchaser signs a confidentiality agreement and otherwise complies with Regulation FD, under the federal securities laws.

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