Member Authority. Each Member represents and warrants to the Company and to the other Members that: (a) the Member, if not an individual, is duly organized, validly existing and in good standing under the laws of its state of organization and is duly qualified and in good standing as a foreign organization in the jurisdiction of its principal place of business if not organized therein; (b) the Member, if not an individual, has full corporate, limited liability company, partnership, trust or other applicable power and authority to execute and agree to this Agreement and to perform its obligations hereunder and all necessary actions by the board of directors, shareholders, managers, members, partners, trustees, beneficiaries, or other Persons necessary or appropriate for the due authorization, execution, delivery and performance of this Agreement by that Member have been taken; (c) the Member has duly executed and delivered this Agreement; and (d) the Member’s authorization, execution, delivery and performance of this Agreement does not conflict with any other agreement or arrangement to which that Member is a party or by which it is bound.
Appears in 6 contracts
Samples: Member Control Agreement (Granite Falls Energy, LLC), Member Control Agreement, Member Control Agreement (Heron Lake BioEnergy, LLC)
Member Authority. Each Member represents and warrants to the Company and to the other Members Member that:
(a) the Member, if not an individual, Member is duly organized, validly existing and in good standing under the laws of its state of organization and is duly qualified and in good standing as a foreign organization in the jurisdiction of its principal place of business if not organized therein;
(b) the Member, if not an individual, Member has full corporate, limited liability company, partnership, trust or other applicable power and authority to execute and agree to this Agreement and to perform its BIG RIVER RESOURCES GXXXXXXX, LLC OPERATING AGREEMENT obligations hereunder and all necessary actions by the board of directors, shareholders, managers, members, partners, trustees, beneficiaries, or other Persons necessary or appropriate for the due authorization, execution, delivery and performance of this Agreement by that Member have been taken;
(c) the Member has duly executed and delivered this Agreement; and
(d) the Member’s authorization, execution, delivery and performance of this Agreement does not conflict with any other agreement or arrangement to which that Member is a party or by which it is bound.
Appears in 1 contract
Member Authority. Each Member represents and warrants to the Company and to the other Members that:
(a) the Member, if not an individual, is duly organized, validly existing and in good standing under the laws of its state of organization and is duly qualified and in good standing as a foreign organization in the jurisdiction of its principal place of business if not organized therein;
(b) the Member, if not an individual, Member has full corporate, limited liability company, partnership, trust or other applicable power and authority to execute and agree to this Agreement and to perform its obligations hereunder and all necessary actions by the board of directors, shareholders, managers, members, partners, trustees, beneficiaries, or other Persons necessary or appropriate for the due authorization, execution, delivery and performance of this Agreement by that the Member have been taken;
(c) the Member has duly executed and delivered this Agreement; and
(d) the Member’s 's authorization, execution, delivery and performance of this Agreement does not conflict with any other agreement or arrangement to which that the Member is a party or by which it is bound.
Appears in 1 contract
Samples: Operating Agreement
Member Authority. Each Member represents and warrants to the Company and to the other Members that:
(a) the Member, if not an individual, is duly organized, validly existing and in good standing under the laws of its state of organization and is duly qualified and in good standing as a foreign organization in the jurisdiction of its principal place of business if not organized therein;
(b) the Member, if not an individual, Member has full corporate, limited liability company, partnership, trust or other applicable power and authority to execute and agree to this Agreement and to perform its obligations hereunder and all necessary actions by the board of directors, shareholders, managers, members, partners, trustees, beneficiaries, or other Persons necessary or appropriate for the due authorization, execution, delivery and performance of this Agreement by that the Member have been taken;
(c) the Member has duly executed and delivered this Agreement; and
(d) the Member’s authorization, execution, delivery and performance of this Agreement does not conflict with any other agreement or arrangement to which that the Member is a party or by which it is bound.
Appears in 1 contract
Samples: Operating and Member Control Agreement (Otter Tail Ag Enterprises, LLC)