Common use of Managers as Agents Clause in Contracts

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (American Capital Strategies LTD), Limited Liability Company Operating Agreement (American Capital Strategies LTD), Limited Liability Company Operating Agreement (American Capital Strategies LTD)

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Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC), Limited Liability Company Operating Agreement (SLM Funding LLC), Limited Liability Company Agreement (Mru Abs Ii LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard, a Manager shall may not have the authority to bind the Company.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Finance of America Companies Inc.), Limited Liability Company Agreement (Ibm Credit LLC), Limited Liability Company Agreement (Ibm Credit LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to and without limitation of Section 9(j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such the powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Urban One, Inc.), Limited Liability Company Agreement (Urban One, Inc.)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard expressly authorizing such action which resolution is duly adopted by the Board by the affirmative vote required for such matter pursuant to the terms of this Agreement, a Manager shall may not have the authority to bind the Company.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Business Development Corp of America), Securities Purchase Agreement (Horizon Technology Finance Corp)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (University Club, Inc. (FL)), Limited Liability Company Agreement (Carrabba's/Colorado-I, Limited Partnership)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 2 contracts

Samples: Exchange Agreement (Capital Trust Inc), Limited Liability Company Agreement (Volkswagen Dealer Finance LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)9.4, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Synchrony Card Issuance Trust), Limited Liability Company Agreement (RFS Holding LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (American Capital Strategies LTD)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)9, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard, a an Independent Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CNL Income Mesa Del Sol, LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 18–402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (American Capital Strategies LTD)

Managers as Agents. To The Managers, to the extent of their powers set forth in this Agreement and subject to Section 9(j11(a), the Managers are agents of the Company for the purpose of conducting the business and affairs of the Company’s business, and the actions of the Managers any Manager taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act Company and except as specifically provided in this Agreement or in a resolution of the Managers, a any third party dealing with such Manager shall not have the authority be entitled to bind rely conclusively (without making inquiry of any kind) on any actions so taken as being properly authorized by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Idt Corp)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Transaction Agreement (Replay Acquisition Corp.)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j9( j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)the terms of this Agreement, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersAgreement, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Spectrum Manager Lease Agreement (Terrestar Corp)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)8.4, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-18 402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (SG Mortgage Securities, LLC)

Managers as Agents. To The Managers, to the extent of their powers set forth in this Agreement and subject to Section 9(j10(a), the Managers are agents of the Company for the purpose of conducting the business and affairs of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Any third party dealing with any Manager shall not have the authority be entitled to bind conclusively presume and rely upon (without making inquiry of any kind) any contracts, certificates, agreements, instruments or other documents executed and any other actions taken as being properly authorized by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Rouse Company)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 18‑402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Operating Agreement (CAESARS ENTERTAINMENT Corp)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall not have the authority to bind the Company.

Appears in 1 contract

Samples: Operating Agreement (SLM Funding LLC)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)8.4, the Managers are agents of the Company for the purpose of the Company’s 's business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (RFS Funding Trust)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j)Agreement, the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, except as specifically provided in this Agreement or in a resolution of the ManagersBoard expressly authorizing such action which resolution is duly adopted by the Board, a Manager shall may not have the authority to bind the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (WhiteHorse Finance, Inc.)

Managers as Agents. To the extent of their powers set forth in this Agreement and subject to Section 9(j), the Managers are agents of the Company for the purpose of the Company’s business, and the actions of the Managers taken in accordance with such powers set forth in this Agreement shall bind the Company. Notwithstanding the last sentence of Section 18-402 of the Act and Act, the Independent Manager may not bind the Company and, except as specifically provided in this Agreement or in a resolution of the Managers, a Manager shall (other than the Independent Manager), in its capacity as such, may not have the authority to bind the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (WESTMORELAND COAL Co)

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