POWERS OF MANAGERS. The Managers are authorized to make all decisions regarding the Company’s operations and legal affairs, including but not limited to (a) the sale, development, lease or other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of all kinds; (c) the management of all or any part of the Company's assets; (d) the borrowing of money and the granting of security interests in the Company's assets; (e) the pre-payment, refinancing or extension of any loan affecting the Company's assets; (f ) the compromise or release of any of the Company's claims or debts; and, (g) the employment of persons, firms or corporations for the operation and management of the Company's business. Managers are authorized to execute and deliver (a) all contracts, conveyances, assignments leases, sub-leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company's assets; (b) all checks, drafts and other orders for the payment of the Company's funds; (c) all promissory notes, loans, security agreements and other similar documents; and, (d) all other instruments of any other kind relating to the Company's business.
POWERS OF MANAGERS. Pursuant to Section 17-76,134 of the Act, the Managers are authorized:
(a) to make all decisions regarding the Company’s operations and legal affairs, including but not limited to:
i. the sale, development, lease, or other disposition of the Company's assets;
ii. the purchase or acquisition of other assets;
iii. the management of all or any part of the Company's assets;
iv. the borrowing of money and granting of security interests in the Company's assets;
v. the pre-payment, refinancing, or extension of any loan affecting the Company's assets;
vi. the compromise or release of any of the Company's claims or debts; and
vii. the employment of persons, firms, or corporations for the operation and management of the Company's business; and
(b) to execute and deliver:
i. all contracts, conveyances, assignments, leases, sub-leases, franchise agreements, licensing agreements, management contracts, and maintenance contracts covering or affecting the Company's assets;
ii. all checks, drafts, and other orders for the payment of the Company's funds;
iii. all promissory notes, loans, security agreements and other similar documents; and
iv. all other instruments of any kind relating to the Company's business and affairs.
POWERS OF MANAGERS. The business of the Company shall be managed by or under the direction of its Managers, who need not be Members, and who may exercise all such powers of the Company and do all such lawful acts and things as are not by the Articles or by this Agreement directed or required to be exercised or done by the Members. No Member has the authority or power to act for or on behalf of the Company or to do any act that would be binding on the Company.
POWERS OF MANAGERS. In addition to the powers and authorities expressly conferred by this Agreement upon them, the Managers may exercise all such powers of the Company and do all such lawful acts and things as are not directed or required to be exercised or done by the Members by statute or by the Certificate of Formation or this Agreement.
POWERS OF MANAGERS. (a.) The Manager, or Managers if more than one, shall have no power to cause the Company to do an act outside the purpose of the Company as set forth in Article Four of this Agreement. Subject to the foregoing limitation and all other limitations in this Agreement, the Managers, acting jointly if more than one, shall have full, complete and exclusive power to manage and control the Company, and shall have the authority to take any action they deem to be necessary, convenient or advisable in connection with the management of the Company, including, but not limited to, the power and authority on behalf of the Company:
i. To expend the Company's capital and revenues and to execute and deliver all checks, drafts, endorsements and other orders for the payment of Company funds;
ii. To elect the Officers of the Company (in accordance with Article Eleven), and to employ agents, employees, accountants, attorneys, clerical help, and such other assistance and services as may seem proper, and to pay therefor such remuneration as the Managers may deem reasonable and appropriate;
iii. To purchase, lease, rent, or otherwise acquire or obtain the use of office space, office equipment, materials, supplies, and all other kinds and types of real or personal property, and to incur expenses for such things, services and facilities, as may be deemed necessary, convenient or advisable for carrying on the business of the Company;
iv. To carry, at the expense of the Company, insurance of the kinds and in the amounts that the Managers deem advisable or make other arrangements for payment of losses or liabilities to protect the Company or the Members, Managers, officers, agents and employees of the Company against loss or liability;
v. To borrow money from any Person for any Company purpose on whatever terms and conditions the Managers deem advisable, to obligate the Company to repay the borrowed money, and in connection therewith, to encumber or hypothecate Company Property as security for such repayment by mortgage, deed of trust, pledge or otherwise;
vi. To sell, transfer, assign, dispose of, trade, exchange, quitclaim, surrender, release or abandon Company property, or any interests therein, to any Person, including the Managers or their affiliates, and in connection therewith to receive such consideration as they deem fair and in the best interests of the Company;
vii. To xxx and be sued, complain and defend in the name and on behalf of the Company;
viii. To do all acts, take p...
POWERS OF MANAGERS. Pursuant to Sections 63.130 and 63.140 of the Act, the Managers are authorized:
(a) to make all decisions regarding the Company’s operations and legal affairs, including but not limited to:
i. the sale, development, lease, or other disposition of the Company's assets;
ii. the purchase or acquisition of other assets;
iii. the management of all or any part of the Company's assets;
iv. the borrowing of money and granting of security interests in the Company's assets;
v. the pre-payment, refinancing, or extension of any loan affecting the Company's assets;
vi. the compromise or release of any of the Company's claims or debts; and
vii. the employment of persons, firms, or corporations for the operation and management of the Company's business; and
(b) to execute and deliver:
i. all contracts, conveyances, assignments, leases, sub-leases, franchise agreements, licensing agreements, management contracts, and maintenance contracts covering or affecting the Company's assets;
ii. all checks, drafts, and other orders for the payment of the Company's funds;
iii. all promissory notes, loans, security agreements and other similar documents; and
iv. all other instruments of any kind relating to the Company's business and affairs.
POWERS OF MANAGERS. The Board of Managers shall have the broadest powers to carry out any act of administration, management or disposal concerning the Company, whatever the nature or size of the operation, provided that it falls within the object and purposes of the Company, and is not expressly reserved by the Delaware Act or this Agreement to the Sole Member or to the general meeting of the Members. For the avoidance of doubt, it is expressly stipulated that all decisions relating to any transfers of the Company’s assets, even when these assets represent all of the Company’s assets, shall be taken by resolution of the Board of Managers. Any person dealing with the Company may rely absolutely upon the act, deed and/or signature of the Managers as being the act of the Company, and no person shall be obliged to inquire into or otherwise ascertain whether the act of the Managers have been duly authorized.
POWERS OF MANAGERS. Except as set forth in this Amended and Restated Agreement, the Managers shall have power and authority, on behalf of the Company to (a) purchase, lease or otherwise acquire from, or sell, lease or otherwise dispose of to, and Person and property, (b) open bank accounts and otherwise invest the funds of the Company, (c) purchase insurance on the business and assets of the Company, (d) commence lawsuits and other proceedings, (e) enter into any agreement, instrument or other writing, (f) retain accountants, attorneys or other agents and (g) take any other lawful action that the Managers consider necessary, convenient or advisable in connection with any business of the Company.
POWERS OF MANAGERS. Without limiting the generality of Article 5.1, the Managers, acting individually or jointly, shall have power and authority, on behalf of the Company:
(a) to acquire property from any person or entity as the Managers may determine. The fact that a Manager or a Member is directly or indirectly affiliated or connected with any such person or entity shall not prohibit the Managers from dealing with that person or entity;
(b) to borrow money for the Company from banks, other lending institutions, the Managers, Member, or affiliates of the Managers or Member on such terms as the Managers deem appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums. No debt shall be contracted or liability incurred by or on behalf of the Company except by the Managers, or to the extent permitted under the Act, by agents or employees of the Company expressly authorized to contract such debt or incur such liability by the Managers;
(c) to purchase liability and other insurance to protect the Company's property and business;
(d) to hold and own any Company real and/or personal properties in the name of the Company;
(e) to invest any Company funds temporarily (by way of example but not limitation) in time deposits, short-term governmental obligations, commercial paper or other investments;
(f) to execute on behalf of the Company all instruments and documents, including, without limitation, checks; drafts; notes and other negotiable instruments; mortgages or deeds of trust; security agreements; financing statements; documents providing for the acquisition, mortgage or disposition of the Company's property; assignments; bills of sale; leases; partnership agreements, operating agreements of other limited liability companies; and any other instruments or documents necessary, in the opinions of the Managers, to the business of the Company;
(g) to purchase stocks, bonds and securities, including options, warrants, and to engage in margin trading;
(h) to employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds;
(i) to enter into any and all other agreements on behalf of the Company, with any other person or entity for any purpose, in such forms as the Managers may approve; and
(j) to do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business.
POWERS OF MANAGERS. The Managers are authorized to make all decisions regarding the Company’s operations and legal affairs, including but not limited to
(a) the sale, development, lease or other disposition of the Company's assets;
(b) the purchase or other acquisition of other assets of all kinds;
(c) the management of all or any part of the Company's assets;
(d) the borrowing of money and the granting of security interests in the Company's assets;
(e) the pre-payment, refinancing or extension of any loan affecting the Company's assets;
