Manager’s Discretion Sample Clauses
Manager’s Discretion. The Manager has sole and absolute discretion as to:
(A) whether to grant a Redemption Request, in part or in full;
(B) the amount of Cash Available for Redemption;
(C) the timing of the payment to a Redeeming Member, insofar that a Redemption Request payment complies with the timing requirements under this Agreement;
(D) whether to allocate the Cash Available for Redemption amongst one or more Members and/or Redemption Units. The Company’s failure to pay the Redemption Price to the Redeeming Member in a timely manner will not give rise to default under the terms of this Agreement. In such a case, the Redemption Request for the un-Redeemed Redemption Units will be deemed to have been denied by the Manager as of the date the Redemption Request was received. In such a case, the Member’s unpaid, but owed distributions will be owed to the Member, however the Manager has sole and absolute discretion on the timing and amount of payment of those owed but unpaid distributions. The Manager shall not be liable to any Member for any action as provided in Section 4.21 (A)-(D).
Manager’s Discretion. The above requirements for annually furnishing to the City true and accurate statements of Gross Revenues may be modified by the Manager at any time during the Term (or any extended term) of this Agreement if, in the Manager’s sole and absolute discretion, such modification is in the best interest of the City.
Manager’s Discretion. The adjustments pursuant to subsections (a), (b) or (d) above shall be made only if the Managers reasonably determine that such adjustments are necessary or appropriate to reflect the relative economic interests of the Members in the Company.