Common use of Powers of Manager Clause in Contracts

Powers of Manager. Except as expressly provided otherwise in the Act, the Articles or this Operating Agreement, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed by, one or more Managers. The powers so exercised shall include but not be limited to the following: (a) Entering into, making and performing contracts, agreements and other undertakings binding the Company that may be necessary, appropriate or advisable in furtherance of the purposes of the Company. (b) Opening and maintaining bank accounts, investment accounts and other arrangements, drawing checks and other orders for the payment of money, and designating individuals with authority to sign or give instructions with respect to those accounts and arrangements. Company funds shall not be co-mingled with funds from other sources and shall be used solely for the business of the Company. (c) Collecting funds due to the Company. (d) Acquiring, utilizing for the Company's purposes, maintaining and disposing of any assets of the Company. (e) To the extent that funds of the Company are available therefore, paying debts and obligations of the Company. (f) Borrowing money or otherwise committing the credit of the Company for Company activities, and voluntarily prepaying or extending any such borrowings. (g) Employing from time to time persons, firms or corporations for the operation and management of various aspects of the Company's business, including, without limitations, managing agents, contractors, subcontractors, architects, engineers, laborers, suppliers, accountants and attorneys on such terms and for such compensation as the Managers shall determine, notwithstanding the fact that the Managers or any Member may have a financial interest in such firms or corporations. (h) Making elections available to the Company under the Code. (i) Registering the Company as a tax shelter with the Secretary of the Treasury and furnishing to such Secretary lists of investors in the Company, if required pursuant to applicable provisions of the Code. (j) Obtaining general liability, property and other insurance for the Company, as the Managers deem proper. (k) Taking such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4.02 hereof. (l) Doing and performing all such things and executing, acknowledging and delivering any and all such instruments as may be in furtherance of he Company's purposes and necessary and appropriate to the conduct of its business.

Appears in 2 contracts

Samples: Operating Agreement (Delta Mine Holding CO), Operating Agreement (Delta Mine Holding CO)

AutoNDA by SimpleDocs

Powers of Manager. Except as expressly provided otherwise specially reserved to the Member in the Act, the Articles or this Operating Agreement, the powers Board of Managers shall have complete discretion, power and authority in the management and control of the business of the Company, shall make all decisions affecting the business of the Company and shall be exercised by or under manage and control the authority of, and the business and affairs of the Company shall be managed byto carry out the business and purposes of the Company. Without limiting the generality of the foregoing, one or more Managers. The powers so exercised shall include but not be limited to the followingBoard of Managers is hereby authorized to: (a) Entering into, making and performing contracts, agreements and other undertakings binding the Expend Company that may be necessary, appropriate or advisable funds in furtherance of the purposes of the Company.; (b) Opening Invest and maintaining bank accountsreinvest in securities or other property of any character, investment accounts real or personal, including, but not limited to, common and other arrangementspreferred stocks, drawing checks bonds, notes, debentures, mortgages, leases and other orders for the payment of money, and designating individuals with authority to sign partnership interests (general or give instructions with respect to those accounts and arrangements. Company funds shall not be co-mingled with funds from other sources and shall be used solely for the business of the Company.limited); (c) Collecting funds due Sell, exchange or otherwise dispose of any such securities or other property at public or private sale and to grant options for the Companypurchase, exchange or other disposition thereof, and to exercise or sell any options and any conversion, subscription, voting and other rights, discretionary or otherwise, in respect thereof. (d) Acquiring, utilizing for Manage and keep in force such insurance as may be required to reasonably protect the Company's purposes, maintaining Company and disposing of any assets of the Company.its assets; (e) To the extent that funds Borrow money for and on behalf of the Company are available therefore, paying debts and to incur and/or guarantee obligations for and on behalf of the Company., on such terms and at such rates of interest as the Board of Managers may deem advisable and proper; (f) Borrowing money or otherwise committing Pledge the credit of the Company and grant security interests in Company assets for Company activities, and voluntarily prepaying or extending any such borrowings.purposes; (g) Employing from time to time persons, firms or corporations for the operation and management of various aspects of the Company's business, including, without limitations, managing Employ such agents, employees, independent contractors, subcontractors, architects, engineers, laborers, suppliers, attorneys and accountants and attorneys on such terms and for such compensation as the Board of Managers shall determine, notwithstanding the fact that the Managers or any Member may have a financial interest in such firms or corporations.deems reasonably necessary; (h) Making elections available to Commence, defend, compromise or settle any claims, proceedings, actions or litigation for and on behalf of the Company under the Code.Company; (i) Registering Execute, deliver, file and/or record any and all instruments, documents or agreements of any kind which the Company Board of Managers may deem appropriate or as a tax shelter with may be necessary or desirable to carry out the Secretary purposes of the Treasury and furnishing to such Secretary lists of investors in the Company, if required pursuant to applicable provisions of the Code.; and (j) Obtaining general liability, property and Take such other insurance for actions as the Board of Managers may reasonably believe to be necessary or desirable to carry out the purposes of the Company, as the Managers deem proper. (k) Taking such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4.02 hereof. (l) Doing and performing all such things and executing, acknowledging and delivering any and all such instruments as may be in furtherance of he Company's purposes and necessary and appropriate to the conduct of its business.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cascades Enviropac HPM LLC)

Powers of Manager. Except as expressly provided otherwise in the Act, the Articles or this Operating Agreement, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed by, one or more Managers. The powers so exercised shall include but not be limited to the following: (a) Entering into, making and performing contracts, agreements and other undertakings binding the Company that may be necessary, appropriate or advisable in furtherance of the purposes of the Company. (b) Opening and maintaining bank accounts, investment accounts and other arrangements, drawing checks and other orders for the payment of money, and designating individuals with authority to sign or give instructions with respect to those accounts and arrangements. Company funds shall not be co-mingled commingled with funds from other sources and shall be used solely for the business of the Company. (c) Collecting funds due to the Company. (d) Acquiring, utilizing for the Company's purposes, maintaining and disposing of any assets of the Company. (e) To the extent that funds of the Company are available therefore, paying debts and obligations of the Company. (f) Borrowing money or otherwise committing the credit of the Company for Company activities, and voluntarily prepaying or extending any such borrowings. (g) Employing from time to time persons, firms or corporations for the operation and management of various aspects of the Company's business, including, without limitationslimitation, managing agents, contractors, subcontractors, architects, engineers, laborers, suppliers, accountants and attorneys on such terms and for such compensation as the Managers shall determine, notwithstanding the fact that the Managers or any Member may have a financial interest in such firms or corporations. (h) Making elections available to the Company under the Code. (i) Registering the Company as a tax shelter with the Secretary of the Treasury and furnishing to such Secretary lists of investors in the Company, if required pursuant to applicable provisions of the Code. (j) Obtaining general liability, property and other insurance for the Company, as the Managers deem proper. (kj) Taking such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4.02 hereof. (lk) Doing and performing all such things and executing, acknowledging and delivering any and all such instruments as may be in furtherance of he the Company's purposes and necessary and appropriate to the conduct of its business.

Appears in 1 contract

Samples: Operating Agreement

AutoNDA by SimpleDocs

Powers of Manager. Except as expressly provided otherwise in the Act, the Articles or this Operating Agreement, the powers of the ofthe Company shall be exercised by or under the authority of, and the business and affairs of the ofthe Company shall be managed by, one or more Managers. The powers so exercised shall include but not be limited to the following: (a) Entering into, making and performing contracts, agreements and other undertakings binding the Company that may be necessary, appropriate or advisable in furtherance of the ofthe purposes of the Company. (b) Opening and maintaining a bank accounts, investment accounts and other arrangementsaccount, drawing checks and other orders for the payment of money, and designating individuals with ofmoney. All Initial Members shall have the authority to sign or give instructions with respect to those accounts the bank account and any other arrangements. Company funds shall not be co-mingled commingled with funds from other sources and shall be used solely for the business of the Company. (c) Collecting funds due to the Company. (d) Acquiring, utilizing for the Company's purposes, maintaining and disposing of any assets ofthe Company in the ordinary course of the Companybusiness. (e) To the extent that funds of the ofthe Company are available thereforetherefor, paying debts and obligations of the ofthe Company. (f) Borrowing money or otherwise committing the credit of the Company for Company activities, and voluntarily prepaying or extending any such borrowings. (g) Employing from time to time persons, firms or corporations for the operation and management of various aspects of the Company's ’s business, including, without limitations, including managing agents, contractors, subcontractors, architects, engineers, laborers, suppliers, accountants and attorneys on such terms and for such compensation as the Managers Manager shall determine, notwithstanding the fact that the Managers or any Member may have a financial interest in such firms or corporations. (h) Representing the Company and casting votes on behalf of the Company in all matters before any owner's or similar associations related to real estate owned by the Company. (i) Making elections available to the Company under the Code. (i) Registering the Company as a tax shelter with the Secretary of the Treasury and furnishing to such Secretary lists of investors in the Company, if required pursuant to applicable provisions of the Code. (j) Obtaining adequate general liability, property and other insurance for the Company, as the Managers Manager deem proper.. 27732/1/9029861 vl Received by NSD/FARA Registration Unit 09/30/2019 9:12:00 PM Received by NSD/FARA Registration Unit 09/30/2019 9:12:00 PM (k) Taking such actions as may be directed by the Members in furtherance of their approval of any matter set forth in Section 4.02 3.2 hereof. (l) Doing and performing all such things and executing, acknowledging and delivering any and all such instruments as may be in furtherance of he the Company's ’s purposes and necessary and appropriate to the conduct of its business.

Appears in 1 contract

Samples: Operating Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!