Member as Agent. To the extent of its powers set forth in this Agreement, the Member is an agent of the Company for the purpose of the Business, and the actions of the Member taken in accordance with such powers set forth in this Agreement shall bind the Company.
Member as Agent. Each Stockholder and each person to whom such Stockholder Transfers Common Stock in a manner that does not violate this Agreement that owns at least 1% of the issued and outstanding Common Stock (the "Minimum Threshold") shall continue to enjoy the benefit of the registration rights granted pursuant to this Section 7 notwithstanding any Transfer of Common Stock pursuant to the provisions of this Agreement; provided, however, that (a) Common Stock owned by wholly owned or commonly managed affiliates of a person shall be deemed to be owned by such person, and shares owned by Xxxxx Xxxxx shall be deemed to be owned by Highbridge Capital Management, LLC, for purposes of determining if the Minimum Threshold is satisfied, (b) if the Minimum Threshold is not satisfied with respect to an Original Investor solely as a result of any underwriter's cutback pursuant to Section 7.2(b) hereof, the Minimum Threshold shall be deemed satisfied with respect to such Original Investor and (c) each of Apollo, Silver Point and NRDC shall act as agent for any person who receives IPO Interests, directly or indirectly, from such Stockholder in the exercise and administration of such registration rights.
Member as Agent. To the extent of its powers set forth in this Agreement and subject to Section 8(d), the Member is an agent of the Company for the purpose of the Company’s business, and the actions of the Member taken in accordance with such powers set forth in this Agreement shall bind the Company. Without limitation of the provisions of this Section 8, in lieu of the Member executing and delivering documents, or taking actions on behalf of the Company, the Member may appoint an authorized representative of the Company for such purpose and the execution and delivery of documents, and the taking of actions, by such authorized representative shall bind the Company
