Powers and Authority of the Company Sample Clauses

Powers and Authority of the Company. (a) Company Powers The Company will have such power and authority as are necessary and appropriate in order to carry out its duties under this Article, including, without limitation, the following: (1) to obtain such information as the Company shall deem necessary in order to carry out its duties under the Plan. (2) to investigate the correctness and validity of information furnished with respect to an application for a Benefit or Separation Payment. (3) to make initial determinations with respect to Benefits or Separation Payments. (4) to establish reasonable rules, regulations and procedures concerning: (i) the manner in which and the times and places at which applications shall be filed for Benefits or Separation Payments, and (ii) the form, content and substantiation of applications for Benefits or Separation Payments. In establishing such rules, regulations and procedures, the Company shall give due consideration to any recommendations from the Board. (5) to designate an office or department at each Plant, or in the alternative a location in the general area of such Plant, where Employees laid off from the Plant may appear for the purpose of complying with the Plan requirements; it being understood that a single location may be established to serve a group of Plants within a single area. (6) to establish appropriate procedures for giving notices required to be given under the Plan. (7) to establish and maintain necessary records.
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Powers and Authority of the Company. The Company shall have such powers and authority as are necessary and appropriate in order to carry out its duties hereunder, but not limited to, the following: (a) To obtain from employees, the Trustee, and elsewhere such information as the Company shall deem necessary in order to carry out its duties under this Plan. (b) To investigate the correctness of information furnished by any applicant for a Benefit. (c) To make appropriate determinations pursuant to this Article. (d) To establish appropriate procedure for giving notices required to be given under this Plan. (e) To establish and maintain necessary records.
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Powers and Authority of the Company a) Company powers The Company shall have such powers and authority as are necessary and appropriate in order to carry out its duties under this Article, including, without limitation, the following: (1) to obtain such information as the Company shall deem necessary in order to carry out its duties under the Plan; (2) to investigate the correctness and validity of information furnished with respect to an application for benefits; (3) to make initial determinations with respect to benefits; (4) to establish reasonable rules, regulations and procedures concerning: (i) the manner in which and the times and places at which applications shall be filed for benefits; and (ii) the form, content and substantiation of applications for benefits. (5) to designate an office or department at the plant, or in the alternative, a location in the general area of the plant, where employees laid off may appear for the purpose of complying with the Plan requirements; (6) to determine the maximum funding of the Fund and the trust fund position; (7) to establish appropriate procedures for giving notices required to be given under the Plan; (8) to establish and maintain necessary records; and (9) to prepare and distribute information explaining the Plan. b) Company Authority Nothing contained in this Plan shall be deemed to qualify, limit or alter in any manner the Company's sole and complete authority and discretion to establish, regulate, determine or modify at any time levels of employment, hours of work, the extent of hiring and layoffs, production schedules, manufacturing methods, the products and parts thereof to be manufactured, where and when work shall be done, marketing of its products, or any other matter related to the conduct of its business or the manner in which its business is to be managed or carried on, in the same manner and to the same extent as if this Plan were not in existence; nor shall it be deemed to confer either upon the union or the Board of Appeals any voice in such matters. a) First Step Appeals
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Powers and Authority of the Company. (a) COMPANY POWERS The Company shall have such powers and authority as are necessary and appropriate in order to carry out its duties under this Article including, without limitation, the following: (1) to obtain such information as the Company shall deem necessary in order to carry out its duties under the Plan;
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Powers and Authority of the Company. 46.1. The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site's activity. However, in any event of a technical failure (or any other error) in the Site's systems for any reason whatsoever, the Company will be entitled to cancel Your participation in any of the Services, concerning which the malfunctioning has occurred. In such an event, our responsibility and liability will be limited only to the participation fee sum that was paid by you for participating in such Services, and Your Account will be credited accordingly. 46.2. The Company reserves the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Company. If any errors result in awarding payouts to you or in an increase in payouts owed or paid to You, You shall not be entitled to these payouts. You shall immediately inform the Company of the error and shall repay any payouts credited to Your Account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those payouts from Your Account or set off such amount against any money owed to You by the Company. 46.3. The Company reserves the right limit, refuse or cancel any trade made by You or through Your Account, as well as cancel any trade (regardless of whether such cancellation was due to actions on Your part or of any third party), where the Company believes that any act of fraud or any other act of bad faith has been taken against the Company or any third party; in which case You will only be entitled to receive the participation fee sum that was paid by You for participating in such trade, and Your Account will be credited accordingly. 46.4. The Company shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of the Services, and/or bonuses and/or promotions and/or introduce new Services, bonuses, and/or promotions. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against us in such regard. 46.5. In the event of the death of the Client, the Company reserves the right to make enquiries and request that the formalities, particularly the certificate of inheritance and the death certificate, be provided...
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Powers and Authority of the Company. The Company shall have such powers and authority as are necessary and appropriate in order to carry out its duties hereunder, including but not limited to the following: a) To obtain from Employees, the Trustee, and elsewhere such information as the Company shall deem necessary in order to carry out its duties under this Article. b) To investigate the correctness of information furnished by any applicant for a Benefit. c) To make appropriate determinations pursuant to this Article. d) To determine the Percentage Position of the Fund and to collect the data necessary to make such determinations. e) To establish appropriate procedures for giving company notices required to be given under this Article. f) To establish and maintain necessary records.
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Powers and Authority of the Company 
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Related to Powers and Authority of the Company

  • Existence and Authority The Company is a corporation duly organized and validly existing in good standing under the laws of its jurisdiction of incorporation and has full power and authority to own its respective property, carry on its respective business as no being conducted, and enter into and perform its obligations under this Agreement and to issue and deliver the Shares to be issued by it hereunder. The Company is duly qualified as a jurisdiction in which it is necessary to be so qualified to transact business as currently conducted. This Agreement, has been duly authorized by all necessary corporate action, executed, and delivered by the Company, and constitutes the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the rights of creditors generally and to general principals of equity.

  • Incorporation and Authority (i) The Company is duly organized, validly existing and in good standing under the Laws of the State of Delaware. The Company has all requisite corporate or other applicable organizational power to (i) enter into, consummate the transactions contemplated by, and carry out its obligations under this Agreement, the Certificate of Designation, and each other agreement, document, instrument, schedule or certificate contemplated by this Agreement to be executed by the Company in connection with or as a condition to each Holder’s obligation to consummate the transactions contemplated hereunder (the “Ancillary Documents”), including the issuance of the Preferred Shares hereunder and the issuance of the Conversion Shares in accordance with the Certificate of Designation, and (ii) own, lease and operate its properties and carry on its business as presently conducted, and the Company is duly qualified to do business and is in good standing in all jurisdictions where its ownership or leasing of property or the conduct of its business requires it to be so qualified, except for any failure under clause (ii) that would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect (as defined below). (ii) The execution and delivery by the Company of this Agreement and each Ancillary Document, and the consummation by the Company of the transactions contemplated by this Agreement and the Ancillary Documents have been duly authorized by all requisite corporate or other similar organizational action on the part of the Company. Without limiting the foregoing, no stockholder approval is required in connection with the execution and delivery of this Agreement or any Ancillary Document, or the consummation of the transactions contemplated hereby or thereby (including the issuance of the Preferred Shares and all of the Conversion Shares issuable upon conversion thereof), including any stockholder approval that would be necessary to remain in compliance with the rules of the Nasdaq Stock Market LLC (“Nasdaq”) or required under the rules and regulations of the SEC or the General Corporation Law of the State of Delaware. This Agreement has been, and each Ancillary Document will be, duly executed and delivered by the Company. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement constitutes, and each of the Ancillary Documents will constitute, the legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their respective terms, subject in each case to the effect of any applicable bankruptcy, reorganization, insolvency, moratorium or similar Laws now or hereafter in effect relating to or affecting creditors’ rights and remedies generally and subject, as to enforceability, to the effect of general equitable principles (regardless of whether enforcement is sought in a proceeding in equity or at law). (iii) Neither the execution and delivery by the Company of this Agreement and each Ancillary Document, nor the consummation of the transactions contemplated hereby or thereby, nor compliance by the Company with any of the provisions hereof or thereof will (a) violate or conflict with the organizational documents of the Company, (b) conflict with or violate any Law applicable to the Company or by which any of its properties or assets is bound or subject or (c) result in any breach of, or constitute a default (or event which, with the giving of notice or lapse of time or both, would constitute a default) under, or give to any person any rights of termination, acceleration or cancellation of or result in the creation of any Lien on any of the assets or properties of the Company, any note, bond, mortgage, indenture, deed of trust, license, lease, agreement or other instrument or obligation to which the Company or any of its subsidiaries is a party or by which any of them or any of their respective properties or assets is bound or subject, except, in the case of clauses (b) and (c), for any such conflicts, violations, breaches, defaults, terminations, accelerations, cancellations or creations as, individually or in the aggregate, would not reasonably be expected to have a Company Material Adverse Effect. The execution and delivery of this Agreement and the issuance (directly or indirectly) of Preferred Shares and the Conversion Shares is not, and will not be, subject to, or trigger, any preemptive rights, rights of first refusal, rights of first offer, notice rights, approval/consent rights, voting rights, review rights or similar rights of any third party and will not trigger any price reset or anti-dilution rights. (iv) Except for the filing of the Announcing Form 8-K (as defined below), compliance with any applicable state securities or blue sky laws and the filing of the Certificate of Designation with the Secretary of State of the State of Delaware, no consent or approval of, or filing or registration with, any Governmental Entity is necessary for the execution, delivery and performance by the Company of this Agreement or the Ancillary Documents, other than such other consents, approvals, filings or registrations that, if not obtained, made or given, would not, individually or in the aggregate, be material to the Company and its subsidiaries, taken as a whole.

  • Organization and Authority The Subscriber is a Delaware limited liability company, validly existing and in good standing under the laws of Delaware and possesses all requisite power and authority necessary to carry out the transactions contemplated by this Agreement. Upon execution and delivery by you, this Agreement is a legal, valid and binding agreement of Subscriber, enforceable against Subscriber in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance or similar laws affecting the enforcement of creditors’ rights generally and subject to general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).

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