Common use of Powers of the Company Clause in Contracts

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 6, including, without limitation, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (i) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any other foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificateinsurance; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (ii) The Company may merge with, or consolidate into, another Florida limited liability company or other business entity (as defined in Section 608.438 of the Act) upon the approval of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cC) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member Member, any Manager (as hereinafter defined) or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificateinsurance; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (lL) to guarantee indebtedness, including indebtedness of subsidiaries of the Company; (M) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mN) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Company may merge with, or consolidate into, another Georgia limited liability company or other business entity upon the written consent of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cC) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member Member, any Manager (as hereinafter defined) or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificateinsurance; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (lL) to guarantee indebtedness, including indebtedness of subsidiaries of the Company; (M) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mN) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Act) upon the written consent of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the (i) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any other foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificateinsurance; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (ii) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Act) upon the approval of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cC) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member Member, any Manager (as hereinafter defined) or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificateinsurance; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (lL) to guarantee indebtedness, including indebtedness of subsidiaries of the Company; (M) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mN) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity upon the written consent of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.6, including, without limitation, the powerpower either directly or through one or more Subsidiaries or Affiliates: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company;xxxxx xx xxxxxxxx xx xxx Xxxxxx Xxxxxx. (bii) to acquire by purchase, lease, contribution of property or otherwise, develop, rehabilitate, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose purposes of the Company including agreements for the management of the affairs of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to The Company acting through the provisions of this Agreement, the Company Managing Member shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, hereof including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member Managing Member, any Member, or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby)partnerships, trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) companies, or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any its proper purpose, to invest and reinvest its funds and funds, to take make and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx sue and be sued, complain and defend, and participate in administrative administratixx or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (hvii) to indemnify any Person in accordance with the Act and to obtain any and all types of insuranceAct; (iviii) to cease its activities and cancel its Certificate; (jix) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kx) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxi) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cC) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member Member, any Manager (as hereinafter defined) or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with the Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificateinsurance; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (lL) to guarantee indebtedness, including indebtedness of subsidiaries of the Company; (M) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mN) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Company may merge with, or consolidate into, another Alabama limited liability company or other business entity upon the written consent of the Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient necessary or incidental to or appropriate for the furtherance accomplishment of the purposes of the Company set forth in Section 62.6, including, without limitation, the power, either directly or through one or more subsidiaries or Affiliates: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, state or district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire by purchase, lease, contribution of property or otherwise, rehabilitate, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish transfer or dispose of any real or personal property that may be necessary, convenient necessary or incidental to appropriate for the accomplishment of the purpose purposes of the Company; (cC) to enter into, perform and carry out contracts of any kind, including contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to appropriate for the accomplishment of the purpose purposes of the Company, including agreements for the management of the affairs of the Company; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act (subject to Section 7.4) and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificate; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with in respect to of any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lL) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mM) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient necessary or incidental to appropriate for the accomplishment of the purpose purposes of the Company.

Powers of the Company. Subject In furtherance of its purposes, but subject to all of the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 6, including, without limitation, the poweris hereby authorized to: (a) to conduct its businessacquire by purchase, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any statelease, territory, district or possession contribution of the United Statesproperty, or in otherwise, own, hold, sell, convey, transfer, or dispose of any foreign country real or personal property that may be necessary, convenient convenient, or incidental to the accomplishment of the purpose of the Company; (b) act as a trustee, executor, nominee, bailee, director, officer, agent, or in some other fiduciary capacity for any person or entity and to acquire by exercise all of the powers, duties, rights, and responsibilities associated therewith; (c) take any and all actions necessary, convenient, or appropriate as trustee, executor, nominee, bailee, director, officer, agent, or other fiduciary, including the granting or approval of waivers, consents, or amendments of rights or powers relating thereto and the execution of appropriate documents to evidence such waivers, consents, or amendments; (d) operate, purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, leaseown, sell, convey, assign, mortgage, transferlease, or demolish or otherwise dispose of any real or personal property that may be necessary, convenient convenient, or incidental to the accomplishment of the purpose purposes of the Company; (ce) borrow money and issue evidences of indebtedness in furtherance of any or all of the purposes of the Company, and secure the same by mortgage, pledge, or other lien on the assets of the Company; (f) invest any funds of the Company pending distribution or payment of the same pursuant to the provisions of this Agreement; (g) prepay in whole or in part, refinance, recast, increase, modify, or extend any indebtedness of the Company and, in connection therewith, execute any extensions, renewals, or modifications of any mortgage or security agreement securing such indebtedness; (h) enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with any person or entity affiliated with the Member or any Affiliate thereofCommon Member, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose purposes of the Company; (di) to purchase, take, receive, subscribe for employ or otherwise acquireengage employees, ownmanagers, holdcontractors, voteadvisors, use, employ, sell, mortgage, lend, pledge or otherwise dispose ofattorneys, and otherwise use consultants and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money pay reasonable compensation for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificatesuch services; (j) to negotiateenter into partnerships, enter intolimited liability companies, renegotiatetrusts, extendassociations, renewcorporations, terminate, modify, amend, waive, execute, acknowledge or take any other action ventures with respect to any lease, contract other persons or security agreement entities in respect furtherance of any assets the purposes of the Company;; and (k) do such other things and engage in such other activities related to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments foregoing as may be necessary, convenient convenient, or incidental to the accomplishment conduct of the purpose business of the Company, and have and exercise all of the powers and rights conferred upon limited liability companies formed pursuant to the Act.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 6§3.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territoryxxxxxxxxx, district xxxxxxxx or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of or the purpose purposes of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, the Purchase Agreement, contracts with any Member, Manager or any officer of the Member Company or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals ), or direct or indirect obligations of the United States or of any foreign government, or of any state, territory, governmental district or municipality or of any instrumentality of or any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx sxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilitiesCompany; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Manager may authorize any Person (including, without limitation, any Member) to enter into and perform any document, instrument or agreement on behalf of, and in the name of the Company. (c) Notwithstanding the provisions of this Article III, Article IV or any other provisions of this Agreement, all Major Decisions shall require the prior approval of all Non-Defaulting Members. All Members hereby approve the Company assuming the Mortgage Loan and executing the Mortgage Loan Documents and hereby authorize the Manager to execute and deliver the Mortgage Loan Documents for and on behalf of the Company. (d) Notwithstanding any provision hereof to the contrary, the following shall govern: The Company shall only incur indebtedness in an amount necessary to acquire, operate and maintain the Property. For so long as the First Mortgage exists on any portion of the Property, the Company shall not incur, assume, or guaranty any other indebtedness. The Company shall not consolidate or merge with or into any other entity or convey or transfer its properties and assets substantially as an entirety to any entity. For so long as the First Mortgage exists on any portion of the Property, the Company will not voluntarily commence a case with respect to itself, as debtor, under the Federal Bankruptcy Code or any similar federal or state statute without the unanimous consent of all of the Members. For so long as the First Mortgage exists on any portion of the Property, no material amendment to this Agreement may be made without first obtaining approval of the mortgagees holding first mortgages on any portion of the Property.

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.4, including, without limitation, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, . in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds fluids so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiariessubsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this AgreementAgreement and the agreements expressly contemplated hereby, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.4, including, without limitation, including the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member any Unitholder or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or holder of units or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx sue and be sued, complain and defend, and participate in administrative or other proceedings, proceedings in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of limitations set forth elsewhere in this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes set forth in Section 63.1(a), including, without limitationbut not limited to, the power: (a) to conduct its businessthe business of the Company, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchaseenter into, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose perform and carry out contracts of any real kind, including contracts with any Member or personal property that may be necessaryAffiliate thereof, convenient or incidental necessary to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain make claims and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (hd) to indemnify any Person certain Persons in accordance with the Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (ke) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company indebtedness, including loans from any Member or any of its Subsidiaries)Affiliate thereof, and to secure any of the same by a mortgage, pledge or other lien on the assets of the Company; and to guarantee any indebtedness of, or monetary or lease obligation of, any Subsidiary; (lf) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against and establish reasonable reserves for the payment of contingent liabilities; (g) to take any and all appropriate action as the sole member of each Subsidiary as may be permitted under its limited liability company agreement; (h) to have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purposes for which the Company was formed; and (mi) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of purposes for which the CompanyCompany was formed.

Powers of the Company. Subject to the provisions of this Agreement, the (i) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, pledge, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member or any Member, any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited or unlimited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purposemoney, to invest and reinvest its funds and funds, to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (h) subject to the provisions of Section 12.4 hereof, to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kj) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether indebtedness, to guarantee the obligations of the Company or any of its Subsidiaries)an Affiliate, and to secure any of the same by a mortgage, pledge or other lien on the assets of the Company; provided, however, that there shall be no borrowing of money or issuance of evidence of indebtedness or guaranties without the unanimous consent of the Management Committee; (lk) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (ml) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (ii) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) with the written approval of Members holding a majority of the total Interests.

Powers of the Company. Subject to the provisions of this Agreement, the The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62.6, including, without limitationbut not limited to, the powerpower and authority to: (a) borrow money and issue evidence of indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (b) conduct its business, carry on its business and operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, necessary or convenient or incidental to the accomplishment of the purpose of the Company; (bc) to acquire acquire, by purchase, lease, contribution of property or otherwise, own, and own hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cd) to enter into, perform and carry out contracts of any kind, including without limitation, contracts with the Member or any Affiliate thereof, or any agent of the Company that are necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (de) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of thementities; (ef) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fg) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gh) to appoint employees employees, agents and agents officers of the Company Company, and define their duties and fix their compensation; (hi) to indemnify any Person in accordance with the Act or entity and to obtain any and all types of insurance; (ij) to cease its activities and cancel its Certificateinsurance; (jk) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waivewaiver, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real real, personal or personal intangible property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member or Members, any Affiliate Affiliates thereof, or any agent of the Company necessary to, in connection withconvenient to, convenient to or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby)partnerships, trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) companies, or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any its proper purpose, to invest and reinvest its funds and funds, to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees employees, officers and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insuranceAct; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien line on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments and to take all actions necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Members may authorize the Manager or any Person to enter into and perform any other obligation on behalf of the Company. (c) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Act) upon approval thereof by a Majority of the Members.

Powers of the Company. Subject to the provisions of this Agreement, the The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 6above, including, without limitationbut not limited to, the powerpower and authority to: (a) borrow money and issue evidence of indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (b) conduct its business, carry on its business and operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, necessary or convenient or incidental to the accomplishment of the purpose of the Company; (bc) to acquire acquire, by purchase, lease, contribution of property or otherwise, and own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cd) to enter into, perform and carry out contracts of any kind, including without limitation, contracts with the Manager or Member or any Affiliate thereof, or any agent of the Company that are necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (de) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of thementities; (ef) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fg) to xxx sue and be sued, complain and defend, defend and participate in administrative or xx other proceedings, in its name; (gh) to appoint employees employees, agents and agents officers of the Company Company, and define their duties and fix their compensation; (hi) to indemnify any Person in accordance with the Act or entity and to obtain any and all types of insurance; (ij) to cease its activities and cancel its Certificateinsurance; (jk) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waivewaiver, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.6, including, without limitation, the powerpower either directly or through one or more Subsidiaries: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, state or district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, develop, rehabilitate, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with any Member, the Member Manager or any Affiliate thereofof any of them, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose purposes of the Company including agreements for the management of the affairs of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness Indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), Guarantee Indebtedness and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. (a) Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes of the Company set forth in Section 6herein, including, without limitationbut not limited to, the powerpower and authority: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country country, that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (bii) without limitation to the foregoing clause (i), to conduct through JHYT a securities brokerage business in accordance with the applicable rules and regulations of the Exchange Act and any Self-Regulatory Organization of which JHYT is a member, and any applicable state securities law; (iii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (civ) to enter into, perform and carry out contracts Contracts of any kind, including contracts including, without limitation, Contracts with the any Member or any Affiliate thereof, or any agent of the Company Company, necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose purposes of the Company; (dv) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, of (A) direct or indirect obligations of or shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager Servicer thereof and to exercise the rights and to perform the duties created thereby) or ), individuals or other Persons or (B) direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (evi) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvii) to xxx sxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gviii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hix) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (ix) to cease its activities and cancel its Certificate; (jxi) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement Contract in respect of any assets of the CompanyAsset; (kxii) to borrow money and issue evidences of indebtedness Indebtedness and guaranty indebtedness guarantee Indebtedness (whether of the Company or any of its SubsidiariesSubsidiaries or any other Person), and to secure the same by a mortgage, pledge or other lien Encumbrance on the assets of Assets, in an aggregate amount not to exceed the CompanyTotal Commitments; (lxiii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiv) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Board may authorize any Person (including, without limitation, any Member) to enter into and perform any document, instrument or agreement on behalf of, and in the name of, the Company. Unless authorized by the Board, no Member, in such capacity, shall have the authority to act for or bind the Company. (c) The Company will not permit JHYT or any other Subsidiary to take any action that would not be permitted if such action were proposed to be taken by the Company, unless such action shall have been approved by the Board or the Members in accordance with the provisions of this Agreement and on the same basis as if such action were to be taken by the Company. (d) The Company may merge with, or consolidate into, another limited liability company (organized under the laws of Delaware or any other state), a corporation (organized under the laws of Delaware or any other state) or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon approval of such transaction and related transaction documents by the Managing Members (without necessity for the vote or consent of any other Members or the Board).

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitation, but not limited to the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals ), individuals, or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or investedfunds; (fvi) to xxx sue and be sued, complain and defend, and participate participaxx in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Board of Managers may authorize any Person (including, without limitation, any other Member) to enter into and implement any document on behalf of the Company. (c) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon the approval of the Board of Managers in accordance with Section 6.3(a)(ii).

Powers of the Company. (a) Subject to the express provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 6, including, without limitation, the powerCompany’s Purposes: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company’s Purposes; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company’s Purposes; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with the any Member or any Affiliate thereofof its Affiliates, or any agent Agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company’s Purposes; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares Equity Securities or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificateobtain a certificate of cancellation from the Delaware Secretary of State; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose purposes specified in Section 3.1. (b) Other than as expressly specified in this Agreement, the Company, and the Board, on behalf of the Company, may enter into and perform any and all documents, agreements and instruments contemplated thereby, all without any further act, vote or approval of any Member, and the Board may authorize any Person (including any Member) to enter into and perform any agreement on behalf of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 6above, including, without limitationbut not limited to, the powerpower and authority to: (a) borrow money and issue evidence of indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (b) conduct its business, carry on its business and operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, necessary or convenient or incidental to the accomplishment of the purpose of the Company; (bc) to acquire acquire, by purchase, lease, contribution of property or otherwise, and own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cd) to enter into, perform and carry out contracts of any kind, including without limitation, contracts with the Manager or Member or any Affiliate thereof, or any agent of the Company that are necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (de) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of thementities; (ef) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fg) to xxx sue and be sued, complain and defend, defend and participate in administrative or administrativx xr other proceedings, in its name; (gh) to appoint employees employees, agents and agents officers of the Company Company, and define their duties and fix their compensation; (hi) to indemnify any Person in accordance with the Act or entity and to obtain any and all types of insurance; (ij) to cease its activities and cancel its Certificateinsurance; (jk) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waivewaiver, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 6§3.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of or the purpose purposes of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, the Purchase Agreement, contracts with any Member, Manager or any officer of the Member Company or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals ), or direct or indirect obligations of the United States or of any foreign government, or of any state, territory, governmental district or municipality or of any instrumentality of or any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx sxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilitiesCompany; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Manager may authorize any Person (including, without limitation, any Member) to enter into and perform any document, instrument or agreement on behalf of, and in the name of the Company. (c) Notwithstanding the provisions of this Article III, Article IV or any other provisions of this Agreement, all Major Decisions shall require the prior approval of all Non-Defaulting Members. All Members hereby approve the Company entering into the Mortgage Loan and executing the Mortgage Loan Documents and hereby authorize the Manager to execute and deliver the Mortgage Loan Documents for and on behalf of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1 hereof, including, without limitation, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire acquire, by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of the Equipment and any other any real or personal property of the Company that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the any Member or any Affiliate thereof, or any agent of the Company Company, necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, with shares or other interests in or obligations of domestic or foreign corporationscompanies, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or ), individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of themother Persons; (ev) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gvii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow or loan money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Manager may authorize any Person (including, without limitation, any other Member) to enter into and perform any document, instrument or agreement on behalf of, and in the name of, the Company.

Powers of the Company. Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.6, including, without limitation, the powerpower either directly or through one or more Subsidiaries or Affiliates: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company;xxxxx xx xxxxxxxx xx xxx Xxxxxx Xxxxxx. (bii) to acquire by purchase, lease, contribution of property or otherwise, develop, rehabilitate, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose purposes of the Company including agreements for the management of the affairs of the Company; (div) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (ev) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (fvi) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, including binding arbitration proceedings, in its name; (gvii) to appoint employees and agents of the Company and define their duties and fix their compensation; (hviii) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (iix) to cease its activities and cancel its Certificate; (jx) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kxi) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the CompanyCompany and to confess judgment against the Company in connection therewith; (lxii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiii) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (i) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country country, that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchaseenter into, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose perform and carry out contracts of any real kind, including, without limitation, contracts with the Directors, the Officers, any Manager, any Member, any Affiliate thereof, or personal property that may be necessaryany agent or Affiliate of the Company necessary to, in connection with, convenient to, or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary lend money to, in connection withborrow money from, convenient to act as surety, guarantor or incidental to the accomplishment of the purpose endorser for, provide collateral for, and transact other business with third parties including Members and Affiliates of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) thereof), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any its proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and Company, and. define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (ii) The Board may authorize any Person (including, without limitation, any Member, Manager or Officer) to enter into and perform any other document on behalf of the Company. (iii) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon a Majority Vote.

Powers of the Company. (a) Subject to the provisions of this AgreementSection 3.3, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish transfer or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, kind convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eiv) to lend money for any its proper purpose, to invest and reinvest its funds and funds, to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gv) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hvi) to indemnify any Person in accordance with the Act and to obtain any and all types of insuranceDelaware Act; (ivii) to cease its activities and cancel its Certificate; (jviii) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company;; and (kix) to borrow money and issue evidences guaranty the obligations of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), Person and to secure any of the same by a mortgage, pledge or other lien on the assets of the Company;. (lb) The Member Managers and Officers, or any of them, are hereby expressly authorized to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any enter into and all other claims or demands perform on behalf of or against the Company or the Transaction Documents, but such authorization shall not be deemed a restriction on the power of the Member Managers to hold such proceeds against authorize the payment Officers to enter into other documents on behalf of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental the Company to the accomplishment of extent permitted by this Agreement. The Company, Member Managers and the purpose Officers on behalf of the Company, are expressly authorized to enter into and perform the Transaction Documents, and to the extent the Company, Member Managers and the Officers have previously entered into and performed such agreements such actions are ratified, without any further act, vote or approval of any Member notwithstanding any other provision of this Agreement, the Delaware Act or other applicable law. Further, the Members, in their capacity as Members and, as applicable, Member Managers, do hereby approve and adopt the resolutions attached hereto as Annex 1.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act Delaware Act, any other law, or this Agreement in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to invest and reinvest its funds, and to take and hold real and personal property for the payment of funds so invested; (v) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (vi) to appoint employees and agents of the Company, and define their duties and fix their compensation; (vii) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (viii) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (ix) to borrow money and issue evidences of indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (x) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; (xi) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company; (xii) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other equity interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (exiii) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested;; and (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (ixiv) to cease its activities and cancel its Certificate;. (jb) The Managing Member, subject to any limitations set forth in this Agreement, may authorize any Person (including, without limitation, any other Member) to negotiateenter into any agreement or instrument on behalf of the Company and to perform or cause to be performed the Company’s obligations thereunder. (c) The Company may merge with, enter or consolidate into, renegotiateanother Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon the consent of the Trust Members. (d) Nothing in this Section 3.2 shall be deemed to authorize the officers, extendthe Investment Committee or the Managing Member to authorize the Company to take any action set forth above in this Section 3.2 without the required approval of the members of the Investment Committee pursuant to Section 6.3 or the Members pursuant to Section 6.5 or any other provisions of this Agreement. (e) Nothing in this Section 3.2 shall be deemed to authorize the officers, renew, terminate, modify, amend, waive, execute, acknowledge the Investment Committee or the Managing Member to authorize the Company to acquire any assets or take any other action with respect action, without Mutual Agreement, that would cause the Company not to any lease, contract or security agreement in respect qualify as an investment partnership within the meaning of any assets Section 731(c) of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the CompanyCode.

Powers of the Company. Subject to the provisions of this AgreementAgreement and the agreements expressly contemplated hereby, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.4, including, without limitation, including the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member any Unitholder or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or holder of units or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx sxx and be sued, complain and defend, and participate in administrative or other proceedings, proceedings in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. (a) Subject to the provisions of this AgreementSection 3.3, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish transfer or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, kind convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eiv) to lend money for any its proper purpose, to invest and reinvest its funds and funds, to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (gv) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hvi) to indemnify any Person in accordance with the Act and to obtain any and all types of insuranceDelaware Act; (ivii) to cease its activities and cancel its Certificate; (jviii) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kix) to borrow money and issue evidences of indebtedness and indebtedness; and (x) to guaranty indebtedness (whether the obligations of the Company or any of its Subsidiaries), Person and to secure any of the same by a mortgage, pledge or other lien on the assets of the Company;. (lb) The Member Managers and Officers, or any of them, are hereby expressly authorized to payenter into and perform on behalf of the Company the Contribution Documents and the Securityholders Agreement, collectbut such authorization shall not be deemed a restriction on the power of the Member Managers to authorize the Officers to enter into other documents not inconsistent with such Contribution Documents or Securityholders Agreement on behalf of the Company to the extent permitted by this Agreement. The Company, compromiseMember Managers and the Officers on behalf of the Company, litigate, arbitrate or otherwise adjust or settle are expressly authorized to enter into and perform the Contribution Documents and Securityholders Agreement and are authorized and directed to take any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to makeactions contemplated thereby, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of extent the Company, Member Managers and the Officers have previously entered into and performed such agreements not inconsistent with such Contribution Documents or Securityholders Agreement, such actions are ratified, without any further act, vote or approval of any Member notwithstanding any other provision of this Agreement, the Delaware Act or other applicable law.

Powers of the Company. (a) Subject to the provisions of this Agreement, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes of the Company set forth in Section 6herein, including, without limitationbut not limited to, the powerpower and authority: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country country, that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (bii) without limitation to the foregoing clause (i), to conduct through JHYT a securities brokerage business in accordance with the applicable rules and regulations of the Exchange Act and any Self-Regulatory Organization of which JHYT is a member, and any applicable state securities law; (iii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose purposes of the Company; (civ) to enter into, perform and carry out contracts Contracts of any kind, including contracts including, without limitation, Contracts with the any Member or any Affiliate thereof, or any agent of the Company Company, necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose purposes of the Company; (dv) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, of (A) direct or indirect obligations of or shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager Servicer thereof and to exercise the rights and to perform the duties created thereby) or ), individuals or other Persons or (B) direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (evi) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fvii) to xxx sue and be sued, complain and defend, and participate in administrative administxxxive or other proceedings, in its name; (gviii) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hix) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (ix) to cease its activities and cancel its Certificate; (jxi) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement Contract in respect of any assets of the CompanyAsset; (kxii) to borrow money and issue evidences of indebtedness Indebtedness and guaranty indebtedness guarantee Indebtedness (whether of the Company or any of its SubsidiariesSubsidiaries or any other Person), and to secure the same by a mortgage, pledge or other lien Encumbrance on the assets of Assets, in an aggregate amount not to exceed the CompanyTotal Commitments; (lxiii) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mxiv) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Board may authorize any Person (including, without limitation, any Member) to enter into and perform any document, instrument or agreement on behalf of, and in the name of, the Company. Unless authorized by the Board, no Member, in such capacity, shall have the authority to act for or bind the Company. (c) The Company will not permit JHYT or any other Subsidiary to take any action that would not be permitted if such action were proposed to be taken by the Company, unless such action shall have been approved by the Board or the Members in accordance with the provisions of this Agreement and on the same basis as if such action were to be taken by the Company. (d) The Company may merge with, or consolidate into, another limited liability company (organized under the laws of Delaware or any other state), a corporation (organized under the laws of Delaware or any other state) or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon approval of such transaction and related transaction documents by the Managing Members (without necessity for the vote or consent of any other Members or the Board).

Powers of the Company. Subject to the provisions of the Articles, this AgreementAgreement and the agreements contemplated hereby, the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes set forth in Section 62.3, including, without limitation, including the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company SARL by the Act in Code and the Articles within Luxembourg and/or any state, territory, district or possession of the United States, or in any foreign other country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member any Shareholder or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member shareholder or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, proceedings in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act Articles and the Code and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificateactivities; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien Lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.

Powers of the Company. Subject to the provisions of this Agreement, the (a) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (ai) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act Delaware Act, any other law, or this Agreement in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bii) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (ciii) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (div) to invest and reinvest its funds, and to take and hold real and personal property for the payment of funds so invested; (v) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (vi) to appoint employees and agents of the Company, and define their duties and fix their compensation; (vii) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (viii) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (ix) to borrow money and issue evidences of indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (x) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; (xi) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company; (xii) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares share or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (exiii) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested;; and (f) to xxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to appoint employees and agents of the Company and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Act and to obtain any and all types of insurance; (ixiv) to cease its activities and cancel its Certificate;. (jb) The Managing Member, subject to any limitations set forth in this Agreement, may authorize any Person (including, without limitation, any other Member) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge into any agreement or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether instrument on behalf of the Company and to perform or cause to be performed the Company’s obligations thereunder. (c) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon the consent of the Trust Members. (d) Nothing in this Section 3.2 shall be deemed to authorize the officers, the Investment Committee or the Managing Member to authorize the Company to take any action set forth above in this Section 3.2 without the required approval of the members of the Investment Committee pursuant to Section 6.5 or the Members pursuant to Section 6.5 or any other provisions of its Subsidiaries), and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Companythis Agreement.

Powers of the Company. Subject to the provisions of this Agreement, the (i) The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitation, but not limited to the power: (a) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchase, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the any Member or any Affiliate thereof, or any agent of the Company necessary to, in connection with, convenient to to, or incidental to the accomplishment of the purpose of the Company; (d) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx sue and be sued, complain and defend, and participate in administrative xxministrative or other proceedings, in its name; (g) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (h) to indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to cease its activities and cancel its Certificate; (j) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (ii) The Company, and the Managing Member on behalf of the Company, may enter into and perform any and all documents, agreements and instruments contemplated under Section 3.2(i), all without any further act, vote or approval of any Member notwithstanding any other provision of this Agreement, the Delaware Act or other applicable law. The Managing Member is hereby authorized to enter into and perform on behalf of the Company any and all documents, agreements and instruments contemplated under Section 3.2(i), but such authorization shall not be deemed a restriction on the power of the Managing Member to enter into other documents on behalf of the Company. The Managing Member may authorize any Person (including, without limitation, any other Member) to enter into and perform any document on behalf of the Company. (iii) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Delaware Act) upon the approval of the Managing Member in its sole discretion .

Powers of the Company. Subject (a) The Company shall, subject to the provisions of this AgreementSection 11(b), the Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 62, including, without limitationbut not limited to, the power: (aA) to conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States, States or in any foreign country that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (bB) to acquire acquire, by purchase, lease, contribution of property or otherwise, and to own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose of any real or personal property that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (cC) to enter into, perform and carry out contracts of any kind, including including, without limitation, contracts with the Member any Member, any Manager (as hereinafter defined) or any Affiliate thereofperson or other entity that directly or indirectly controls, is controlled by, or is under common control with any Member (any such person or entity, an “Affiliate”), or any agent of the Company necessary to, in connection with, convenient to to, or incidental to to, the accomplishment of the purpose of the Company. For purposes of the definition of Affiliate, the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities or otherwise; (dD) to purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, without limitation, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created thereby), trusts, limited liability companies (including including, without limitation, the power to be admitted as a member or appointed as a manager thereof and to exercise the rights and to perform the duties created thereby) ), and other entities or individuals individuals, or direct or indirect obligations of the United States or any foreign country or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (eE) to lend money for any proper purpose, to invest and reinvest its funds funds, and to take and hold real and personal property for the payment of funds so loaned or invested; (fF) to xxx and be sued, complain and defend, defend and participate in administrative or other proceedings, in its name; (gG) to appoint employees and agents of the Company Company, and define their duties and fix their compensation; (hH) to indemnify any Person in accordance with the Act person or entity and to obtain any and all types of insurance; (iI) to cease its activities and cancel its Certificateinsurance; (jJ) to negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (kK) to borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on any or all of the assets of the Company; (lL) to guarantee indebtedness, including indebtedness of subsidiaries of the Company; (M) to pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (mN) to make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company. (b) The Company may merge with, or consolidate into, another Delaware limited liability company or other business entity (as defined in Section 18-209(a) of the Act) upon the written consent of the Ordinary Member, in its sole discretion.

Powers of the Company. Subject to the provisions of this Agreement, the The Company shall have the power and authority to take any and all actions necessary, appropriate, proper, advisable, incidental or convenient or incidental to or for the furtherance of the purposes purpose set forth in Section 63.1, including, without limitationbut not limited to, the power: (a) to a. To conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Delaware Act in any state, territory, district or possession of the United States, or in any foreign country country, that may be necessary, convenient or incidental to the accomplishment of the purpose of the Company; (b) to acquire by purchaseb. To enter into, lease, contribution of property or otherwise, own, hold, operate, maintain, finance, refinance, improve, lease, sell, convey, mortgage, transfer, demolish or dispose perform and carry out contracts of any real kind, including, but not limited to, contracts with the Directors, the Officers, any Manager, any Member, any Affiliate of the same, or personal property that may be necessaryany agent or Affiliate of the Company necessary to, in connection with, convenient to, or incidental to the accomplishment of the purpose of the Company; (c) to enter into, perform and carry out contracts of any kind, including contracts with the Member or any Affiliate thereof, or any agent of the Company necessary c. To lend money to, in connection withborrow money from, convenient to act as surety, guarantor or incidental to the accomplishment of the purpose endorser for, provide collateral for, and transact other business with third parties including Members and Affiliates of the Company; (d) to d. To purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of domestic or foreign corporations, associations, general or limited partnerships (including including, but not limited to, the power to be admitted as a partner thereof and to exercise the rights and perform the duties created therebyby such admission), trusts, limited liability companies (including including, but not limited to, the power to be admitted as a member or appointed as a manager thereof of a limited liability company and to exercise the rights and to perform the duties created thereby) by such admission or appointment), or individuals or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of any of them; (e) to e. To lend money for any its proper purpose, to invest and reinvest its funds and funds, to take and hold real and personal property for the payment of funds so loaned or invested; (f) to xxx f. To sxx and be sued, complain and defend, and participate in administrative or other proceedings, in its name; (g) to g. To appoint employees and agents of the Company Company, and define their duties and fix their compensation; (h) to h. To indemnify any Person in accordance with the Delaware Act and to obtain any and all types of insurance; (i) to i. To cease its activities and cancel its Certificate; (j) to j. To negotiate, enter into, renegotiate, extend, renew, terminate, modify, amend, waive, execute, acknowledge or take any other action with respect to any lease, contract or security agreement in respect of any assets of the Company; (k) to k. To borrow money and issue evidences of indebtedness and guaranty indebtedness (whether of the Company or any of its Subsidiaries)indebtedness, and to secure the same by a mortgage, pledge or other lien on the assets of the Company; (l) to l. To pay, collect, compromise, litigate, arbitrate or otherwise adjust or settle any and all other claims or demands of or against the Company or to hold such proceeds against the payment of contingent liabilities; and (m) to m. To make, execute, acknowledge and file any and all documents or instruments necessary, convenient or incidental to the accomplishment of the purpose of the Company.