Members Are Not Agents. Pursuant to Section 8, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 48 contracts
Samples: Limited Liability Company Operating Agreement (Century Communities of Nevada Realty, LLC), Limited Liability Company Operating Agreement (Century Communities of Nevada Realty, LLC), Limited Liability Company Operating Agreement (Century Communities of Nevada Realty, LLC)
Members Are Not Agents. Pursuant to Section 8, the The management of the Company is vested in the Board Manager, the Management Committee and duly appointed officers of Managersthe Company. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member member in such capacity bind or execute any Agreement or instrument on behalf of the Company.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (RiceBran Technologies), Limited Liability Company Agreement (RiceBran Technologies), Membership Interest Purchase Agreement (Nutracea)
Members Are Not Agents. Pursuant to Section 87, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)
Members Are Not Agents. Pursuant to Section 8, 7 the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)
Members Are Not Agents. Pursuant to Section 85.1 and the Articles, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 4 contracts
Samples: Operating Agreement (Chosen, LLC), Operating Agreement (Chosen, LLC), Operating Agreement (Chosen, LLC)
Members Are Not Agents. Pursuant to Section 85, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company Company, nor can any Member in such capacity bind or execute any instrument on behalf of the Company, except as expressly provided in Section 5.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.), Limited Liability Company Agreement (Vivakor, Inc.)
Members Are Not Agents. Pursuant to Section 87 and the Articles of Organization, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 3 contracts
Samples: Note, Operating Agreement, LLC Operating Agreement
Members Are Not Agents. Pursuant to Section 85.1, the management of the Company is vested in the Board of ManagersExecutive Committee. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 3 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Imperial Capital Group, Inc.), Limited Liability Company Agreement (Imperial Capital Group, Inc.)
Members Are Not Agents. Pursuant to Section 85.1 and the Articles, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company Company, nor can any Member Member, in such capacity capacity, bind or execute any instrument on behalf of the Company.
Appears in 3 contracts
Samples: Operating Agreement (Atwood Minerals & Mining CORP.), Operating Agreement (Atwood Minerals & Mining CORP.), Operating Agreement (Global Resource CORP)
Members Are Not Agents. Pursuant to Section 87 and the Certificate of Formation, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 3 contracts
Samples: Operating Agreement (Ridgewood Properties Inc), Operating Agreement (Ridgewood Properties Inc), Operating Agreement (Ridgewood Properties Inc)
Members Are Not Agents. Pursuant to Section 85.1 and the Articles, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 3 contracts
Samples: Index Operating Agreement, Operating Agreement (ARAMARK FHC Kansas, Inc.), Operating Agreement (Neurocrine Biosciences Inc)
Members Are Not Agents. Pursuant to Section 87 and the Articles of Organization, the management of the Company is vested exclusively in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 2 contracts
Samples: Operating Agreement (NNN 2002 Value Fund LLC), Operating Agreement (NNN 2002 Value Fund LLC)
Members Are Not Agents. Pursuant to Section 8, the The management of the Company is vested in the Board of ManagersBoard. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Company, and no Member in such capacity may bind or execute any instrument on behalf of the Company.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (DiCE MOLECULES HOLDINGS, LLC), Limited Liability Company Agreement (DiCE MOLECULES HOLDINGS, LLC)
Members Are Not Agents. Pursuant to Section 85, the management of the Company is vested exclusively in the Board of ManagersManager. No The Member, acting solely in the capacity of a Member, is not an agent of the Company nor can any the Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 2 contracts
Samples: Operating Agreement (Century at Murphy Creek, LLC), Operating Agreement (Century at Murphy Creek, LLC)
Members Are Not Agents. Pursuant to Section 87, the management of the Company is vested exclusively in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 2 contracts
Samples: Operating Agreement (T Reit Inc), Operating Agreement (NNN 2003 Value Fund LLC)
Members Are Not Agents. Pursuant to Section 87 and the Certificate of Formation, the management of the Company is vested exclusively in the Board of ManagersManager. No Preferred Member or Subordinated Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company. Subordinated Members shall have no right to vote as a Member under this Agreement or otherwise.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Members Are Not Agents. Pursuant to Section 8, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Century Communities of Nevada Realty, LLC)
Members Are Not Agents. Pursuant to Section 86.1 and the Certificate, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Versity Invest, LLC)
Members Are Not Agents. Pursuant to Section 8, the The management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company Company, nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 1 contract
Members Are Not Agents. Pursuant to Section 87 and the Articles of ---------------------- Organization, the management of the Company is vested exclusively in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Operating Agreement (T Reit Inc)
Members Are Not Agents. Pursuant to Section 8, the The management of the Company is vested in the Board and those officers of Managersthe Company which the Board decides to appoint pursuant to Section 6.6. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Interactive Health, Inc.)
Members Are Not Agents. Pursuant to Section 87, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Members Are Not Agents. Pursuant to Section 8, the The management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Solar Power, Inc.)
Members Are Not Agents. Pursuant to Section 87, the management of the Company is vested in the Board of Managers. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)
Members Are Not Agents. Pursuant to Section 86, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Terra Secured Income Fund 5, LLC)
Members Are Not Agents. Pursuant to Section 87 and the Certificate of Formation, the management of the Company is vested in the Board of ManagersManager. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or nor execute any instrument on behalf of the Company. Notwithstanding anything contained herein to the contrary, when acting on matters subject to the vote of the Members, notwithstanding that the Company is not then insolvent, the Members shall take into account the interest of the Company’s creditors, as well as those of the Members.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Members Are Not Agents. Pursuant to Section 8Article VII and the Articles, the management of the Company is vested in the Board of ManagersBoard. No Member, acting solely in the capacity of a Member, is an agent of the Company nor can any Member in such capacity bind or execute any instrument on behalf of the Company.
Appears in 1 contract