Powers of Member. The Member shall have the power to exercise any and all rights and powers granted to the Member pursuant to the express terms of this Agreement. Except as otherwise specifically provided by this Agreement or required by the Act, the Board of Managers (as hereinafter defined) shall have the power to act for and on behalf of, and to bind, the Company. Each of Xxxx X. Xxxxxx, Xxxxxx X. Xxxxx, Xx., and Xxxxxx X. Xxxxxx is hereby designated as an authorized person with the power and authority to execute, deliver and file the certificate of formation of the Company and any amendments and/or restatements thereof (the “Certificate of Formation”) and any other certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in a jurisdiction in which the Company may wish to conduct business.
Powers of Member. The Member (acting in that capacity) has the authority to take all actions stated in the Certificate of Formation and this Agreement.
Powers of Member. 12 Section 3.3 Limited Liability of the Member.......................................12 Section 3.4
Powers of Member. The Member shall have the power to exercise any and all rights or powers granted to the Member pursuant to the express terms of this Agreement or as otherwise required by the Act.
Powers of Member. The Member shall have the power to exercise any and all rights and powers granted to the Member pursuant to the express terms of this Agreement. Except as otherwise specifically provided by this Agreement or required by the Delaware Act, the Managing Member (as hereinafter defined) shall have the power to act for and on behalf of, and to bind, the Company. The Managing Member is hereby designated as an authorized person, within the meaning of the Delaware Act, to execute, deliver and file any amendments and/or restatements to the certificate of formation of the Company and any other certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in a jurisdiction in which the Company may wish to conduct business.
Powers of Member. The Member shall have full, complete and exclusive power to manage and control the Company, and shall have the authority to take any action or to designate one or more officers to take any action they deem to be necessary, convenient or advisable in connection with the management of the Company.
Powers of Member. The Member shall have the power to exercise any and all rights and powers granted to the Member pursuant to the express terms of this Agreement. Except as otherwise specifically provided by this Agreement or required by the Act, the Board of Managers (as hereinafter defined) shall have the power to act for and on behalf of, and to bind, the Company. Each of Xxxxx X. Xxxxxx,
Powers of Member. Without limiting the generality of Article 5.1, the Member shall have power and authority, on behalf of the Company:
a. to acquire property from any person or entity as the Member may determine. The fact that the Member is directly or indirectly affiliated or connected with any such person or entity shall not prohibit the Member from dealing with that person or entity;
b. to borrow money for the Company from banks, other lending institutions, the Member, or affiliates of the Member on such terms as the Member deems 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 Member, 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 Member;
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 opinion of the Member, to the business of the Company;
g. to employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; and
h. 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 Member may approve; and to do and perform all other acts as may be necessary or appropriate to the conduct of the Company’s business.
Powers of Member. The Member shall have the power to exercise any and all rights and powers granted to the Member pursuant to the express terms of this Agreement. Except as otherwise specifically provided by this Agreement or required by the Delaware Act, the Managing Member shall have the power to act for and on behalf of, and to bind, the Company.
Powers of Member. Pursuant to these Bylaws, the Member is 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 per-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 other kind relating to the Company's business or affairs.
