Common use of President Clause in Contracts

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 63 contracts

Samples: Limited Liability Company Agreement (Nissan Auto Leasing LLC Ii), Limited Liability Company Agreement (Nissan-Infiniti Lt), Limited Liability Company Agreement (Nissan-Infiniti Lt)

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President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, shall have general supervision, direction and control of the business and affairs of the Company. In , subject to the absence control of the Chairman Board of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, Managers and shall have the general powers such other functions, authority and duties as may be prescribed by the Board or this Agreementof Managers. The President shall preside at meetings of the Members.

Appears in 22 contracts

Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shall, subject to the control of the BoardMember, have general supervision, direction direction, and control of the business affairs and officers of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 14 contracts

Samples: Operating Agreement (FIS Healthcare Holdings, LLC), Operating Agreement (FIS Healthcare Holdings, LLC), Operating Agreement (FIS Healthcare Holdings, LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to shall have the control general powers and duties of supervision and management usually vested in the Board, have general supervision, direction and control office of the business affairs a chief executive officer of the Companya company. In the absence of the Chairman of the Board, he He or she shall preside at all meetings of Members if present thereat. Except as the Board. He Managing Member shall authorize the execution thereof in some other manner, he or she shall be ex officioexecute bonds, a member mortgages and other contracts on behalf of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementCompany.

Appears in 14 contracts

Samples: Limited Liability Company Agreement (RCS Capital Corp), Limited Liability Company Agreement (RCS Capital Corp), Limited Liability Company Agreement (RCS Capital Corp)

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shall, subject Company. Subject to the control direction of the BoardBoard of Managers, have the President shall have, and exercise, direct charge of, and general supervisionsupervision over, direction and control of the business and affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have perform all duties incident to the general powers and duties as office of a President in a corporation organized under the Delaware General Corporation Law. No person may be prescribed by hold the Board office of President, or this Agreementact in place of the President in the case of absence or disability, unless such person is a citizen of the United States.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (American Barge Line Co), Limited Liability (American Barge Line Co), Limited Liability Company Agreement (American Barge Line Co)

President. The President shall be the chief principal executive officer of the Company and shalland, subject to the control of the BoardBoard of Managers, have general supervisionin general, direction shall supervise and control all of the business and affairs of the Company. In , and, in general, shall perform all duties incident to the absence office of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, President and shall have the general powers and such other duties as may be prescribed by the Board or this Agreementof Managers from time to time.

Appears in 12 contracts

Samples: Limited Liability Company Agreement (Huntsman Polymers Corp), Limited Liability Company Agreement (Huntsman Polymers Corp), Limited Liability Company Agreement (Huntsman Texas Holdings LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all shareholders' meetings and at all meetings of the BoardBoard of Trustees. He or she shall be ex officioSubject to the supervision of the Board of Trustees, a member of all the standing committees, including the executive committee, if any, and he shall have the general powers charge of the business, affairs and duties as may be prescribed by property of the Board or this AgreementTrust and general supervision over its other officers, employees and agents.

Appears in 10 contracts

Samples: Agreement (Stein Roe Advisor Trust), Agreement (Stein Roe Institutional Trust), Agreement (Stein Roe Trust)

President. The President of the Company shall be the chief executive officer of the Company and shallshall have, subject to the control and direction of the Board, have general supervision, direction and control active supervision and management over the day-to-day business of the business affairs of the CompanyCompany in its ordinary course and over its several officers, assistants, agents and employees. In the absence of the Chairman of the Board, he or she The President shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, report to and shall have the general powers and duties as may be prescribed by consult with the Board or this Agreementfrom time to time.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (Cnu of Virginia, LLC), Limited Liability Company Agreement (Cnu of Virginia, LLC), Limited Liability Company Agreement (Cnu of Virginia, LLC)

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shall, subject Company. Subject to the control direction of the Board, have the President shall have, and exercise, direct charge of, and general supervisionsupervision over, direction and control of the business and affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have perform all duties incident to the general powers and duties as office of a President in a corporation organized under the Delaware General Corporation Law. No person may be prescribed by hold the Board office of President, or this Agreementact in place of the President in the case of absence or disability, unless such person is a citizen of the United States.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (Atlantic Broadband Management, LLC), Limited Liability Company Agreement (Atlantic Broadband Management, LLC), Limited Liability Company Agreement (Atlantic Broadband Management, LLC)

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He Members and, unless a Chairman or she shall be ex officioVice-Chairman has been chosen, a member at all meetings of all the standing committees, including the executive committee, if anyManager, and shall have general and active management of the general powers business of the Company and duties as may be prescribed by shall see that all orders and resolutions of the Board or this AgreementManager are carried into effect.

Appears in 10 contracts

Samples: Operating Agreement, Agreement and Plan of Merger (Edge Petroleum Corp), Operating Agreement (Chaparral CO2, L.L.C.)

President. The President shall be the chief executive operating officer of the Company and shall, shall be subject to the control of the Board, have general supervision, direction direction, and control of the business affairs Chief Executive Officer, unless the Board of Managers provides otherwise. The President shall see that all orders and resolutions of the CompanyBoard of Managers are carried into effect. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, The President will have any other authority and shall have the general powers and perform any other duties as may be prescribed by that the Board of Managers may delegate to him or this Agreementher from time to time.

Appears in 9 contracts

Samples: Limited Liability Company Operating Agreement (Physician Sales & Service, Inc.), Limited Liability Company Operating Agreement (Physician Sales & Service, Inc.), Limited Liability Company Operating Agreement (Physician Sales & Service, Inc.)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the BoardGovernors’ control, have general supervision, direction generally supervise and control of the business affairs of the Company’s business and affairs. In the absence of the Chairman of the BoardThe President shall, he or she shall when present, preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyGovernors’ and Member meetings, and shall have perform all duties incident to the general powers office of President and such other duties as may be prescribed by this Agreement or by the Board or this AgreementGovernors. For purposes of the Act, the President shall be deemed the Chief Manager (as such term is defined and used in the Act) of the Company.

Appears in 9 contracts

Samples: Operating Agreement (Highwater Ethanol LLC), Operating Agreement, Member Control Agreement

President. The President shall be the chief principal executive officer of the Company and shall, subject to the control of the BoardDirectors’ control, have general supervision, direction generally supervise and control of the business affairs of the Company’s business and affairs. In the absence of the Chairman of the BoardThe President shall, he or she shall when present, preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyDirectors’ and Member meetings, and shall have perform all duties incident to the general powers office of President and such other duties as may be prescribed by this Agreement or by the Board or this AgreementDirectors.

Appears in 7 contracts

Samples: Operating Agreement (Homeland Energy Solutions LLC), Operating Agreement, Operating Agreement (East Fork Biodiesel, LLC)

President. The President president shall be the chief executive officer of the Company and shall, subject to the oversight and control of the BoardBoard of Directors, have general supervision, direction and control of the business and affairs of the Company. In the absence He shall have all of the Chairman powers which are ordinarily inherent in the office of the Board, he or she shall preside at all meetings chief executive officer of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anycorporation, and he shall have the general such further powers and duties shall perform such further duties, as may be prescribed for him by the Board or this Agreementof Directors.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Potlatch Minnesota Timberlands, LLC), Limited Liability Company Agreement (Potlatch Minnesota Timberlands, LLC), Limited Liability Company Agreement (Potlatch Minnesota Timberlands, LLC)

President. (a) The President president shall be the chief executive operations officer of the Company and shallcorporation, subject to the control of the Board, have general supervision, direction supervision and control of the business affairs Board of Directors, and shall direct the corporate affairs, with full power to execute all resolutions and orders of the Company. In the absence Board of Directors not expressly delegated to some other officer or agent of the Chairman corporation. If the chairman of the BoardBoard of Directors elects not to preside or is absent, he or she the president shall preside at all meetings of the Board. He or she shall be ex officio, a member stockholders and Board of all the standing committees, including the executive committee, if any, Directors and shall have the general powers and perform such other duties as may shall be prescribed by the Board or this Agreementof Directors.

Appears in 6 contracts

Samples: Form of Distribution Agreement (LTC Healthcare Inc), Distribution Agreement (LTC Properties Inc), Distribution Agreement (LTC Healthcare Inc)

President. The President shall be the chief executive officer of the Company and shall, subject Company. Subject to the control provisions of this Agreement and to the direction of the BoardOperating Committee, he or she shall have the responsibility for the general supervision, direction management and control of the business and affairs of the Company. In Company and shall perform all duties and have all powers which are commonly incident to the absence office of chief executive or which are delegated to him or her by the Chairman of the Board, he or she shall preside at all meetings of the BoardOperating Committee. He or she shall be ex officiohave power to sign all certificates, a member contracts and other instruments of all the standing committees, including the executive committee, if any, Company which are authorized and shall have general supervision and direction of all of the general powers other officers, employees and duties as may be prescribed by agents of the Board or this AgreementCompany.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Ancestry.com LLC), Limited Liability Company Agreement (Ancestry.com LLC), Limited Liability Company Agreement (Ancestry.com LLC)

President. The If there be no Chairman of the Board, the President shall be the chief executive officer. If there be a Chairman of the Board and if he be designated as the chief executive officer of the Company and shallCompany, subject to the control President shall have charge of the Board, have general supervision, direction coordination and control supervision of the business affairs all matters of operation of the Company. In the absence of the Chairman of the Board, he or she the President shall preside at all meetings have the powers and perform the duties of the Chairman of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 5 contracts

Samples: Limited Liability Comp Any Agreement (Public Service Electric & Gas Co), Limited Liability Company Agreement (Pseg Fossil LLC), Limited Liability Company Agreement (Pseg Fossil LLC)

President. The In the absence of the Chairman of the Board of Directors, or if there be none, the President shall preside at all meetings of the stockholders and the Board of Directors. He shall have power to call special meetings of the stockholders or of the Board of Directors or of the Executive Committee at any time. He shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyCorporation, and shall have the general direction of the business, affairs and property of the Corporation, and of its several officers, and shall have and exercise all such powers and discharge such duties as may be prescribed by usually pertain to the Board or this Agreementoffice of President.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Icahn Enterprises Holdings L.P.), Agreement and Plan of Merger (American Railcar Industries, Inc.), Voting and Lock Up Agreement (Cempra, Inc.)

President. The President shall be the chief executive officer of the Company and shall, subject to the control direction of the Board, have be responsible for the general supervision, direction and control active management of the business business, affairs and property of the Company. In general, the absence President shall perform all duties incidental to the office of President. The President is authorized to execute all contracts on behalf of the Chairman of the BoardCompany, he or she shall preside at all meetings of the Board. He or she except where signing and execution thereof shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed expressly delegated by the Board to some other Officer or this Agreementagent of the Company.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities II LLC), Limited Liability Company Agreement (3650 REIT Commercial Mortgage Securities LLC)

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she , shall be ex officioresponsible for the general and active management of the business of the Company and shall see that all orders and resolutions of the Board are carried into effect. The President or any other Officer authorized by the President or the Board shall execute all bonds, a member of all the standing committeesmortgages and other contracts, except: (i) where required or permitted by law or this Agreement to be otherwise signed and executed, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.Section 7(b);

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Vw Credit Leasing LTD), Limited Liability Company Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Limited Liability Company Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the CompanyCorporation. In the absence of the Chairman of the Board, he or she The President shall preside at all meetings of the Boardstockholders and of the Board of Directors. He or she Subject to the control of the Board of Directors, the President shall be ex officio, a member responsible for the day-to-day management of all the standing committees, including business and affairs of the executive committee, if any, and Corporation. The President shall have the general powers and duties as may be prescribed by power to sign alone (unless the Board or this Agreementof Directors shall specifically require an additional signature) all contracts in the name and on behalf of the Corporation. The President also shall perform all duties and enjoy all other powers commonly incident to the office of President, subject, however, to the control of the Board of Directors.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (DSP Group Inc /De/), Agreement and Plan of Merger (DSP Group Inc /De/), Agreement and Plan of Merger (ATN International, Inc.)

President. The President shall be the chief executive officer of the Company and shall, subject to the control direction of the BoardCompany Board and the Chief Executive Officer, have general supervision, direction and control supervision over the business of the business affairs Company and other duties incident to the office of President, and any other duties as may from time to time be assigned to the CompanyPresident by the Company Board. In If there is no Chairman, the absence of the Chairman of the BoardPresident shall preside, he or she shall preside when present, at all meetings of stockholders and the Company Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Chicagoland Television News, LLC), Liability Company Agreement (Chicagoland Television News, LLC), Limited Liability Company Agreement (Chicagoland Television News, LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control charge of the business and affairs of the Company. In Corporation and in the absence of the Chairman of the Board, he or she the President shall preside at all meetings of the Boardstockholders and the directors. He or she The President shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and perform such other duties as may be prescribed are properly required of him by the Board or this Agreementof Directors.

Appears in 4 contracts

Samples: Securities Restriction Agreement (Park N View Inc), Securities Restriction Agreement (Park N View Inc), Lease (Park N View Inc)

President. The President shall be the chief principal executive officer of the Company and shalland, subject to the control of the BoardBoard of Managers, have shall in general supervision, direction supervise and control all of the business and affairs of the Company. In the absence of the Chairman of the Board, he He or she shall shall, when present, preside at all meetings of the BoardMembers. He or she may sign any contracts or other instruments except those which shall be ex officiorequired by law, a member by this Agreement or by the Board of Managers to be otherwise signed or executed; and in general shall perform all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementof Managers from time to time.

Appears in 4 contracts

Samples: Operating Agreement (Viking Energy Group, Inc.), Operating Agreement (Viking Energy Group, Inc.), Operating Agreement (Viking Energy Group, Inc.)

President. The President shall be is the chief executive officer officer, with general management of the Company Company’s business and shall, power to make contracts in the ordinary course of business; he shall be subject to the control direction of the Board, have general supervision, direction Board of Directors and control shall see that all orders and resolutions of the Board are carried into effect and direct the other officers in the performance of their duties; and shall generally perform all acts incidental to the office of President of a business affairs corporation, or which are authorized or required by law, or which are incumbent upon him under the provisions of the Company. In the absence Certificate of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, Formation and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Niska US GP LLC), Limited Liability Company Agreement (Niska GP ULC), Limited Liability Company Agreement (Niska GP ULC)

President. The President president, if any, shall be the chief executive officer of the Company Corporation and shall, subject to the control of the Board, have shall exercise general supervision, direction and control of supervision over the business and affairs of the CompanyCorporation. In the absence or inability of the Chairman chairman of the Boardboard, he or she shall if any, the president shall, when present, preside at all meetings of the Board. He board of directors and shareholders; he shall sign such contracts, documents or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, instruments in writing as require his signature and shall have the general such other powers and shall perform such other duties as may from time to time be prescribed assigned to him by resolution of the Board board of directors or this Agreementas are incident to his office.

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (Mayors Jewelers Inc/De), Dollarama CORP, Dollarama CORP

President. The President Unless otherwise determined by the board of directors, the president shall be the chief executive officer of the Company and shallcorporation and, subject to the control of the Board, have general supervision, direction and control of the business affairs board of directors, shall have general charge and supervision over its property, business, and affairs. The president shall, unless a chairperson of the Company. In the absence board of the Chairman of the Boarddirectors has been elected and is present, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member shareholders and the board of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementdirectors.

Appears in 3 contracts

Samples: Apex Pc Solutions Inc, Apex Pc Solutions Inc, Apex Pc Solutions Inc

President. The President shall be the chief executive officer of the Company and shall, subject to shall have the control general powers and duties of supervision and management and execution usually vested in the office of President of a limited liability company. He shall preside at all meetings of the Board, Company and shall have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, Company and shall have the general powers and perform such other duties as from time to time may be prescribed specified by the Board or this AgreementMember.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (LyondellBasell F&F Holdco, LLC), Limited Liability Company Agreement (Lyondell Refining LP, LLC), Limited Liability Company Agreement (Lyondell Refining LP, LLC)

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committeeMember, if any, and of the Board. The President shall be responsible for the general and active management of the business of the Company, under the management and direction of the Board, and shall see that all orders and resolutions of the Board are carried into effect. In the absence of the President or in the event of the President’s inability to act, any Vice Presidents, if any, shall perform the duties of the President, and when so acting, shall have all the general powers of and duties as may be prescribed by subject to all the Board or this Agreementrestrictions upon the President.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC), Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In in the absence of the Chairman of the Board, he or she Chief Executive Officer. The President shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, perform such other duties and shall have the general such other powers and duties as may be prescribed by the Board or this Agreementof Directors shall designate from time to time.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (MDB Capital Holdings, LLC), Limited Liability Company Agreement (JMP Group LLC)

President. The President shall be the chief executive officer of the Company Corporation and shall, subject to shall have overall responsibility for the control of the Board, have general supervision, direction and control management of the business affairs and operations of the CompanyCorporation and shall see that all orders and resolutions of the Board are carried into effect. In the absence of the Chairman of the Board, Board he or she shall preside at all over meetings of the BoardBoard of Directors. He or she In general, he shall be ex officio, a member perform all duties incident to the office of all the standing committees, including the executive committee, if anyPresident, and shall have the general powers and such other duties as from time to time may be prescribed assigned to him by the Board or this AgreementBoard.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Kulicke & Soffa Industries Inc), Agreement and Plan of Merger (Kulicke & Soffa Industries Inc)

President. The President shall be the chief executive officer of the Company and shallcorporation and, subject to the control instructions of the BoardBoard of Directors, shall have general supervisioncharge of the business, direction affairs and property of the corporation and control of the business affairs of the Companyover its other officers, agents and employees. In the absence of the Chairman of the Board, he or she the President shall preside at all meetings of the Board. He shareholders and of the Board of Directors at which he or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed present. The President shall do and perform such other duties and have such other authority as from time to time may be assigned by the Board or this Agreementof Directors.

Appears in 2 contracts

Samples: Graybar Electric Co Inc, Graybar Electric Co Inc

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, Company. The President shall have general supervision, direction and control of supervision over the business affairs of the Company. In Company and over the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, other officers and shall have perform all such other duties as directed by the general Board of Managers. The President may delegate to any other officer such executive and other powers and duties as may he or she deems advisable. In case of the absence or disability of the President, these duties shall be prescribed performed by the Board or this AgreementTreasurer.

Appears in 2 contracts

Samples: Operating Agreement (Koppers Ventures LLC), Operating Agreement (Koppers Holdings Inc.)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs Chief Executive Officer of the Company. In Subject to the absence of the Chairman direction of the Board, he or she shall preside at all meetings have, and exercise, direct charge of, and general supervision over, the business and affairs of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyCompany, and shall have perform all duties incident to the general powers and duties as office of a President in a corporation organized under the Delaware General Corporation Law. No person may be prescribed by hold the Board office of President, or this Agreementact in place of the President in the case of absence or disability, unless such person is a citizen of the United States.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (American Commercial Lines LLC), Limited Liability Company Agreement (American Commercial Lines LLC)

President. The Board, in its discretion, may appoint a President. The Chief Executive Officer may serve as President. If the Chief Executive Officer does not so serve, the President shall be the chief executive officer shall, on behalf of the Company and shallCompany, subject to the control of the BoardBoard and the Chief Executive Officer, have general supervisionin general, direction supervise and control all of the business and affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyPartnership and its Subsidiaries, and shall have the general powers and perform such other duties as may be prescribed by the Board or this Agreementfrom time to time.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Rose Rock Midstream, L.P.), Limited Liability Company Agreement (Rose Rock Midstream, L.P.)

President. The (a) Unless the Board of Directors otherwise provides, the President shall be the chief executive officer of the Company Corporation with such general executive duties, powers, responsibilities and shall, subject to authority of supervision and management as are usually vested in the control office of the BoardChief Executive Officer of a corporation, have general supervision, direction and control such President shall carry into effect all directions and resolutions of the business affairs Board of the CompanyDirectors. In the absence of the Chairman of the Board, he or she if there is no Chairman of the Board, the President shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, stockholders and shall have the general powers and duties as may be prescribed by the Board or this Agreementof Directors.

Appears in 2 contracts

Samples: Settlement Agreement (Rightchoice Managed Care Inc), Settlement Agreement (Rightchoice Managed Care Inc)

President. The Unless some other officer has been elected Chief Executive Officer of the Company, the President shall be the chief executive officer of the Company and shall, subject to the control of the BoardBoard of Directors, have general supervision, direction and control of the business affairs and officers of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, have the general powers and duties of management usually vested in the office of President of a member of all the standing committees, including the executive committee, if any, business entity and shall have the general such other powers and duties as may be prescribed by the Board of Directors, the Chief Executive Officer (if the President is not the chief executive officer of the Company) or this Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Magnachip Semiconductor LLC), Limited Liability Company Operating Agreement (Magnachip Semiconductor LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to except as the control of the Board, have general supervision, direction and control of the business affairs of the CompanyBoard may otherwise provide. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she It shall be ex officio, a member of all the standing committees, including the executive committee, if any, his duty and he shall have the general powers power to see that all orders and duties as may be prescribed by resolutions of the Board or this Agreementare carried into effect. He shall from time to time report to the Board all matters within his knowledge which the interests of the Company may require to be brought to its notice. The President shall perform such duties and have such powers additional to the foregoing as the Board shall designate.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (St Lawrence Seaway Corp), Option Agreement (St Lawrence Seaway Corp)

President. The President shall be the chief executive officer of the Company and shall, subject to shall have the control general powers and duties of supervision and management usually vested in the Board, have general supervision, direction and control office of the business affairs a chief executive officer of the Companya company. In the absence of the Chairman of the Board, he He or she shall preside at all meetings of Members if present thereat. Except as the Board. He Managing Member shall authorize the execution thereof in some other manner, he or she shall be ex officioexecute bonds, a member mortgages and other contracts on behalf of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.Company. 28

Appears in 2 contracts

Samples: Limited Liability Company Agreement (RCS Capital Corp), Limited Liability Company Agreement (RCS Capital Corp)

President. The President shall be the chief principal executive officer of the Company and shallCorporation and, subject to the control by the Board of the BoardDirectors, have shall in general supervision, direction supervise and control all of the business and affairs of the CompanyCorporation. In the absence of the Chairman of the BoardThe President shall, he or she shall when present, preside at all the meetings of the Boardshareholders. He The President shall sign, with the Secretary or she shall be ex officioany other proper officer of the Corporation, a member of all the standing committeesthereunto, including the executive committee, if any, and shall have the general powers and duties as may be prescribed authorized by the Board of Directors, certificate for shares for the Corporation, any deeds, mortgages, bonds, contracts or this Agreementother instruments which the Board of Directors has authorized to be executed.

Appears in 2 contracts

Samples: wendellswimclub.com, www.wendellswimclub.org

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all shareholders' meetings except as otherwise voted by the Board of Trustees. Subject to the supervision of the Board. He or she shall be ex officioBoard of Trustees, a member of all the standing committees, including the executive committee, if any, and he shall have the general powers charge of the business, affairs and duties as may be prescribed by property of the Board or this AgreementTrust and general supervision over its other officers, employees and agents.

Appears in 2 contracts

Samples: Columbia Funds Trust Viii, Columbia Funds Trust Xi

President. The President shall be the chief executive officer of the Company and shall, shall have general charge of the business and affairs of the Company subject however to the control right of the Board to confer specified powers on Officers and subject generally to the direction of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she The President shall preside at all meetings of Members and of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Aes Red Oak LLC), Limited Liability Company Agreement (Aes Ironwood LLC)

President. The President shall be the chief principal executive officer of the Company and shall, subject to the control of the BoardDirectors' control, have general supervision, direction generally supervise and control of the business affairs of the Company's business and affairs. In the absence of the Chairman of the BoardThe President shall, he or she shall when present, preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyDirectors' and Member meetings, and shall have perform all duties incident to the general powers office of President and such other duties as may be prescribed by this Agreement or by the Board or this AgreementDirectors.

Appears in 1 contract

Samples: Operating Agreement (Homeland Energy Solutions LLC)

President. The President president shall be the chief executive officer of the Company Corporation, and shall, subject to the control of the Board, shall have general supervision, direction and control active management of the business and affairs of the Company. In Corporation, under the absence direction of the Chairman board of directors. Unless the Boardboard of directors has appointed another presiding officer, he or she the president shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementshareholders.

Appears in 1 contract

Samples: Share Exchange Agreement (MD Holdings Corp)

President. The President shall be serve as the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the BoardBoard of Directors, he or she the President shall preside at all meetings of the Board. He or she members and of the Board of Directors and, subject to the supervision of the Board of Directors, shall be ex officio, a member of perform all the standing committees, including the executive committee, if any, duties customary to that office and shall have supervise and control all of the general powers affairs of this Company in accordance with policies and duties as may be prescribed directives approved by the Board or this Agreementof Directors .

Appears in 1 contract

Samples: Bylaws and Operating Agreement

President. The President shall be the chief executive officer and the chief operating officer of the Company and shallCorporation. He shall preside at all meetings of stockholders and, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In in the absence of the Chairman of the Board, he or she shall preside at all meetings of the BoardBoard of Directors. He or she shall be ex officioSubject to the control of the Board of Directors, a member of all the standing committees, including the executive committee, if any, and he shall have direct power and authority over the general business and affairs of the Corporation. The President shall perform such other duties and exercise such other powers and duties as may be prescribed assigned to him from time to time by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: Alleghany Corp /De

President. The President shall be the chief principal executive officer of the Company and shallorganization and, subject to the control of the Board, have Executive Board shall in general supervision, direction supervise and control all of the business affairs activities of the Companyorganization. In the absence The President shall be a member of the Chairman of the BoardExecutive Board and, he or she when present, shall preside at all meetings of the BoardExecutive Board and all meetings of the membership. He The President shall vote only in the case of a tie in a vote of the Executive Board or she the membership. The President shall select and appoint the chairpersons of all Standing and Special Committees and shall be ex officio, a an ex-officio member of all committees of the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementorganization.

Appears in 1 contract

Samples: cdnsm5-ss5.sharpschool.com

President. The President president shall be the chief --------- executive officer of the Company and shallCompany, subject to the control of the Board, shall have general supervision, direction and control active management of the business affairs of the CompanyCompany and shall see that all orders and resolutions of the Board are carried into effect. In the absence of the Chairman chairman of the Boardboard or in the event of his inability or refusal to act, he or she the president shall preside at all meetings perform the duties and exercise the powers of the Board. He or she shall be ex officio, a member chairman of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementboard.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Carey International Inc)

President. The President president shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, --------- corporation; he or she shall preside at all meetings of the Boardstockholders and directors; he shall have general and active management of the business of the corporation. He or she shall be ex officio, EXOFFICIO a member of all the standing committees, including the executive committee, if any, and shall have the general powers power and duties of supervision and management, as may be prescribed defined by the Board or this Agreementof Directors Section 5.

Appears in 1 contract

Samples: Cemreil Group Inc

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shall, subject Company. Subject to the control direction of the BoardBoard of Managers, have he shall have, and exercise, direct charge of, and general supervisionsupervision over, direction and control of the business and affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have perform all duties incident to the general powers and duties as office of a President in a corporation organized under the Delaware General Corporation Law. No person may be prescribed by hold the Board office of President, or this Agreementact in place of the President in the case of absence or disability, unless such person is a citizen of the United States.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Acl Capital Corp)

President. The President shall be the chief principal executive officer of the Company and shall, subject to the control of the BoardDirectors’ . control, have general supervision, direction generally supervise and control of the business affairs of the Company’s business and affairs. In the absence of the Chairman of the BoardThe President shall, he or she shall when present, preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyDirectors’ and Member meetings, and shall have perform all duties incident to the general powers office of President and such other duties as may be prescribed by this Agreement or by the Board or this AgreementDirectors.

Appears in 1 contract

Samples: Operating Agreement (East Fork Biodiesel, LLC)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs Chief Executive Officer of the Company. In the absence of the Chairman of the Board, or if there be no Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committeeShareholders and, if anya Director, of the Directors. The Chief Executive Officer, whether the Chairman of the Board or the President, shall have general and active management and control of the business and affairs of the Company subject to the control of the Board of Directors, and shall have the general powers see that all orders and duties as may be prescribed by resolutions of the Board or this Agreementof Directors are carried into effect.

Appears in 1 contract

Samples: Purchase Agreement (Knight Inc.)

President. The President Unless the Board otherwise specifies, the president shall be the chief executive officer and chief operating officer. The person who serves as the chief executive officer of the Company and shall, except as otherwise determined by the Board, have direct charge of all business operations of the Company and, subject to the control of the BoardManagers, shall have general supervision, direction and control of supervision over the entire business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Scientific Games Corp)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of supervision over the business affairs operations of the Company. In the absence of the Chairman of the Board, Board of Directors he or she shall preside at all meetings of stockholders and directors. Except where by law the Board. He or she shall be ex officiosignature of the Chairman is required, a member of all the standing committees, including the executive committee, if any, and President shall have the general powers power and duties authority to sign or countersign all certificates, contracts and other instruments of the Company as may be prescribed authorized by the Board of Directors. He shall make reports to the Board of Directors and stockholders and perform all such other duties as are incident to his office or this Agreementas are properly required of him by the Board of Directors.

Appears in 1 contract

Samples: Polaroid Corp

President. The President shall be the chief executive officer Chief Executive Officer or the Chief Operating Officer of the Company Corporation, as determined by the Board, and shall, shall be subject to the control direction of the Board. The President shall perform such duties as from time to time may be assigned to him by these By-Laws, the Board, , the Chief Executive Officer or, if elected by the Board, the Chairman or the most senior Vice Chairman. The President shall be a member ex-officio, with power to vote on all matters, of all committees of the Board, have general supervision, direction except the Audit Committee and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementCompensation Committee.

Appears in 1 contract

Samples: Warwick Community Bancorp Inc

President. The President president shall be the chief executive officer Officer of the Company and shallCorporation and, subject to the control of the Board, have general supervision, direction and control of the business affairs Board of the CompanyDirectors, shall have general charge and supervision over its property business, and affairs. In the absence of the He/she shall, unless a Chairman of the BoardBoard of Directors has been elected and is present, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, shareholders and shall have the general powers and duties as may be prescribed by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Amerasia Khan Enterprises Ltd.)

President. The President shall be the chief executive officer of the Company corporation and shallshall act as general manager of its business affairs, subject to the control of the Board. He shall have authority to sign all deeds, have general supervisioncontracts, direction certificates of stock and control obligations of the business affairs corporation, including checks and drafts, except as the Board shall otherwise provide. He may not effect loans except by authority of the Company. In the absence of the Chairman a resolution of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 1 contract

Samples: Security Agreement (Virbac Corp)

President. 1. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs Chief Executive Officer of the Company. In the absence of the Chairman of the Board, he or she The President shall preside at all meetings of the Board. He or she Company membership and the Board of Directors and shall be ex officiohave, a member subject to the advice and control of all the standing committeesDirectors, including general charge of the executive committee, if anybusiness of the Company, and shall execute with the Secretary and/or Treasurer, in the name of the Company, all certificates of membership, contracts and instruments including checks which have been approved under the general powers and duties as may be prescribed Operating Agreement or by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: springfieldsportflyingclub.com

President. The President Unless otherwise determined by the board of directors, the president shall be the chief executive officer of the Company and shallcompany and, subject to the control of the Boardboard of directors, have shall be responsible for the general supervision, direction administration and control operation of the business affairs company. He shall have such other duties and responsibilities as may pertain to such office or be prescribed by the board of the Companydirectors. In the absence or disability of the Chairman president, an officer designated by the board shall exercise the duties and responsibilities of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementpresident.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Northwest Natural Gas Co)

President. The President shall be the chief executive officer of the Company Corporation and shallshall have full responsibility and authority for management of the operations of the Corporation, subject to the control authority of the BoardBoard of Directors. The President may execute contracts, have general supervision, direction and control under the seal of the business affairs of Corporation, if required, except where required or permitted by law to be otherwise signed and executed and except where the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she signing and execution thereof shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed expressly delegated by the Board of Directors to some other officer or this Agreementagent of the Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Labcorp Holdings Inc.)

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President. The President shall be the chief executive officer of the Company and shalland, subject to the Board, shall in general supervise and control all business and affairs of Company according to the Management Services Agreement. The President shall, when present, preside at any meeting of the Board, have general supervision, direction and control of the business affairs of the Company. In Board in the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementChairman.

Appears in 1 contract

Samples: Operating Agreement (Integrated Medical Systems Inc)

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shallshall have general charge of the business and affairs of the Company, subject however to the control of the Board. The President shall, have general supervisionif present, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of Shareholders and of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, Board and shall perform such other duties and have the general powers and duties such responsibilities as may be prescribed by the Board or this Agreement.may from time to time determine,

Appears in 1 contract

Samples: Limited Liability Company Agreement (Acco Brands Corp)

President. The Unless otherwise specified by the Board, the President shall be the chief executive officer and chief operating officer of the Company and shall, subject have such general executive powers to manage the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyBusiness, and shall have the general such other powers and duties as may be prescribed by the Board or this Agreementmay from time to time prescribe.

Appears in 1 contract

Samples: Limited Liability Company Agreement (GMX Resources Inc)

President. The President shall be the chief executive officer general manager of the Company and shallCorporation and, subject to the control of the BoardBoard of Directors, shall be chief executive officer of the Corporation and shall have general supervision, direction and control of the business and affairs of the CompanyCorporation. In If the absence Corporation has no Chairman of the Board, the President shall also have the duties prescribed above for the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

President. The President president, if any, shall be the chief executive officer of the Company Corporation and shall, subject to the control of the Board, have shall exercise general supervision, direction and control of supervision over the business and affairs of the CompanyCorporation. In the absence of the Chairman chairman of the Boardboard, he or she shall if any, the president shall, when present, preside at all meetings of the Board. He board of directors and shareholders; he shall sign such contracts, documents or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, instruments in writing as require his signature and shall have the general such other powers and shall perform such other duties as may from time to time be prescribed assigned to him by resolution of the Board board of directors or this Agreementas are incident to his office.

Appears in 1 contract

Samples: Henry Birks & Sons Inc

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, shall have general supervisioncharge and supervision over, direction and control of responsibility for, the business and affairs of the Company. In the absence Company subject to direction of the Chairman Board of Directors. The President may enter into and execute, in the name of the BoardCompany, he contracts or she shall preside at all meetings other instruments in the ordinary course of business or contracts or other instruments not in the Board. He or she shall be ex officio, a member ordinary course of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed business which are authorized by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: Operating Agreement (Kma Global Soulutions International Inc)

President. The President shall be the chief executive officer Chief Executive Officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, Corporation and shall have the general powers and duties management of the affairs of the Corporation as may be prescribed far as they are not specifically regulated by the Sole Shareholder or the Directors, including the Chair of the Board, if any. The President shall preside at all the meetings of the Board or this Agreementin the absence of the Chair.

Appears in 1 contract

Samples: Settlement Agreement (Pennichuck Corp)

President. The President president shall be the chief executive officer of the Company corporation and shall, subject to the control of the Boardboard of directors, have general supervision, direction supervise and control all of the business affairs of the Companycorporation. In the absence of the Chairman of the BoardThe president shall when president, he or she shall preside at all meetings of the Boardshareholders and of the board of directors. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and The president shall have the general powers and duties as may be prescribed by the Board authority to institute or this Agreementdefend legal proceedings when thee directors are deadlocked.

Appears in 1 contract

Samples: Employment Agreement (Charys Holding Co Inc)

President. The Unless otherwise designated by the Board of Directors, the President shall be the chief executive officer Chief Executive Officer of the Company Corporation and shall, subject to the control of the BoardBoard of Directors, have general supervisionin general, direction supervise and control all of the business and affairs of the Company. In the absence of the Chairman of the BoardCorporation, he or she and shall preside at all meetings of the Board. He shareholders, the Board of Directors and all committees of the Board of Directors on which he or she shall be ex officiomay serve. In addition, a member of all the standing committees, including the executive committee, if any, and President shall have the general following powers and duties as may be prescribed by the Board or this Agreementduties.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sba Communications Corp)

President. The President shall be the chief executive officer of the Company Corporation, shall have general supervision of the affairs of the Corporation and shall, general control of all of its business subject to the control ultimate authority of the Board, have general supervision, direction and control shall be responsible for the execution of the business affairs policies of the CompanyBoard. In the absence (or inability or refusal to act) of the Chairman of the Board, the President (if he or she shall be a director) shall preside when present at all meetings of the stockholders and the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreement.

Appears in 1 contract

Samples: Business Combination Agreement (Cetus Capital Acquisition Corp.)

President. The If appointed, the President shall be the chief executive officer of the Company and shallCorporation and, subject to the control authority of the Boardboard, have shall exercise general supervision, direction and control supervision of the business and affairs of the CompanyCorporation; and he shall have such other powers and duties as the board may specify. In the absence of the Chairman of the Board, he or she shall preside at if any, the President shall, when present, chair all meetings of the Board. He or she shall be ex officio, a member directors and the shareholders and of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementany committee of directors.

Appears in 1 contract

Samples: Progress Precision Inc.

President. The President shall be the chief executive officer of the Company Corporation and shallshall have general charge of business, affairs and property thereof, subject to the control direction of the BoardBoard of Directors, and shall have general supervisionsupervision over its officers and agents. He shall, direction and control of the business affairs of the Company. In the absence of the Chairman of the Boardif present, he or she shall preside at all meetings of the BoardBoard of Directors in the absence of a Chairman of the Board and at all meetings of shareholders. He or she shall be ex officio, a member may do and perform all acts incident to the office of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementPresident.

Appears in 1 contract

Samples: Exchange Agreement (Royal Acceptance Corp)

President. The President shall be the chief executive --------- officer of the Company and shalland, subject to the Board, shall in general supervise and control all business and affairs of Company according to the Services Agreement. The President shall, when present, preside at any meeting of the Board, have general supervision, direction and control of the business affairs of the Company. In Board in the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementChairman.

Appears in 1 contract

Samples: Operating Agreement (Integrated Medical Systems Inc)

President. The A President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs Chief Executive Officer of the Company. In He shall be vested with and may exercise all the absence powers and shall perform all the duties of a Chairman and Deputy Chairman if none be appointed or if the Chairman of and the Board, he Deputy Chairman are absent or she shall preside at all meetings of the Board. He are unable or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementrefuse to act.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pharmasset Inc)

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committeeMember, if any, and of the Board. The President shall be responsible for the general and active management of the business of the Company, under the management and direction of the Board, and shall see that all orders and resolutions of the Board are carried into effect. In the absence of the President or in the event of the President's inability to act, any Vice Presidents, if any, shall perform the duties of the President, and when so acting, shall have all the general powers of and duties as may be prescribed by subject to all the Board or this Agreementrestrictions upon the President.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (SLM Education Credit Funding LLC)

President. The President shall be the chief principal executive officer of the Company and shalland, subject to the control of the BoardBoard of Managers, have shall in general supervision, direction supervise and control all of the business and affairs of the Company. In the absence of the Chairman of the Board, he He or she shall shall, when present, preside at all meetings of the BoardMembers. He or she may sign any contracts or other instruments except those which shall be ex officiorequired by law, a member by this Agreement or by the Board of Managers to be otherwise signed or executed; and in general shall perform all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementof Managers from time to time. The initial President of the Company shall be Xxxxxxx Xxxxx.

Appears in 1 contract

Samples: Company Agreement (Northstar Healthcare Inc)

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control shall preside at all meetings of the BoardShareholders, have general supervisionif any, direction and control in the absence or disqualification of a Chairman of the business affairs of the Company. In the absence of the Board or a Vice Chairman of the Board, he or she shall preside at all meetings of the Board. He or she , and the President shall be ex officio, a member responsible for the general and active management of all the standing committees, including business of the executive committee, if any, Company and shall have the general powers see that all orders and duties as may be prescribed by resolutions of the Board are carried into effect. Except to the extent otherwise provided in this Agreement or this Agreementin a resolution of the Board, the President shall have such other duties and have such other powers as are similar to those of a president and chief executive officer of a business corporation organized under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Novelis Finances USA LLC)

President. The President shall be the chief executive officer of the Company corporation and shall, subject to the control of the BoardBoard of Directors, have general supervision, direction and control of the business and affairs of the Companycorporation. In the absence of the Chairman of the Board, he or she He shall preside at all meetings of the Boardshareholders and of the Board of Directors. He or she shall be ex officio, ex-officio a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties of management usually vested in the office of President of a corporation, and shall have such other powers and duties as may be prescribed by the Board of Directors or this Agreement.the By-Laws,

Appears in 1 contract

Samples: Securities Purchase Agreement (Easyriders Inc)

President. The President president, if any, shall be the chief executive officer of the Company and shall, subject to the control and supervision of the BoardDirectors, have general supervision, direction and control be responsible for the day-to-day management of the business affairs of the Company. In the absence Company and shall see that all orders and resolutions of the Chairman of Directors are carried into effect. Anything herein to the Boardcontrary notwithstanding, he or she shall preside at all meetings of the Board. He or she no Person shall be ex officio, a member appointed as the president without the approval of all both the standing committees, including the executive committeeDirector elected by Keymark, if any, and shall have a majority of the general powers and duties as may be prescribed by the Board or this AgreementDirectors.

Appears in 1 contract

Samples: License Agreement (Simpson Manufacturing Co Inc /Ca/)

President. The President President, if one is appointed, shall be have responsibility for supervising and directing the chief executive officer operations of the Company and shall, Corporation’s businesses subject to the control direction of the Board, have general supervision, direction and control Board of Directors. He shall preside at all meetings of the business affairs shareholders or the Board of the Company. In Directors in the absence of the Chairman of the BoardBoard of Directors and the Chief Executive Officer. If a President is not appointed, he or she shall preside at all meetings during the absence or disability of the Board. He President, or she during a vacancy in the office of President, the Chief Executive Officer shall be ex officio, a member perform the duties of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementPresident.

Appears in 1 contract

Samples: Genuine Parts Co

President. The President shall be is the chief executive officer of the Company corporation with general responsibility for its affairs and shall, subject business and general supervision of its agents and employees and for all day-to-day operations of the corporation. Subject to the control direction and supervision of the Board, have general supervision, direction the President shall serve as the chairperson and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the BoardBoard and see that all orders and resolutions of the Board are carried into effect. He or she shall be ex officio, a member of The President will perform all the standing committees, including the executive committee, if any, other duties and shall have the general powers and duties responsibilities as may from time to time be prescribed assigned by the Board or this AgreementBoard.

Appears in 1 contract

Samples: Center Authority

President. The President shall be the chief executive officer of the Company LLC, with the powers and shall, subject duties which attach to the control such position. If no Chairman of the BoardBoard is serving, have general supervision, direction and control of the business affairs of the Company. In or in the absence of the Chairman of the Board, he or she the President shall preside at all the meetings of the Board. He or she shall be ex officio, a member Board of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementManagers.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (B&H Contracting, L.P.)

President. The President shall be the chief executive officer Chief Executive Officer of the Company corporation and shall, subject to shall have the control general powers and duties of supervision and management usually vested in the office of President of a corporation. He shall preside at all meetings of the Boardstockholders, if present thereat, and in the absence or non-election of the Chairman of the Board of Directors, at all meetings of the Board of Directors, and shall have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this Agreementcorporation.

Appears in 1 contract

Samples: Acquisition Agreement (EDUtoons, Inc.)

President. The President shall be the chief executive officer of the Company Corporation and shallshall have general management of the business of the Corporation. In addition, subject to the control President, in the absence or inability of the Chairman or if no Chairman is designated by the Board, have general supervision, direction shall perform the duties and control exercise the powers of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyChairman, and shall perform such other duties and have the general such other powers and duties as may be prescribed by the Board or this Agreementof Directors may from time to time prescribe.

Appears in 1 contract

Samples: Letter Agreement (Medarex Inc)

President. The President shall be the chief executive officer have general direction of the Company and shalloperations of the Corporation, subject to the control of the BoardBoard of Directors, have general supervision, direction and control the Executive Committee or the chief executive officer of the business affairs of the CompanyCorporation. In He shall, in the absence of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member Board of Directors and at all meetings of the standing committees, including the executive committee, if any, stockholders and shall have the general such additional powers and shall perform such further duties as may from time to time be prescribed assigned to him by the Board of Directors, the Executive Committee or this Agreementthe chief executive officer of the Corporation.

Appears in 1 contract

Samples: Textron Inc

President. The President shall be president shall, in the absence or nonexistence of a chief executive officer of the Company and shallofficer, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all meetings of the Boardboard of directors. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and The president shall have the general powers and duties of management usually vested in the office of president of a corporation and shall have such other powers and duties as may be prescribed by the Board board of directors or this Agreementthese bylaws. If there is no chief executive officer, then the president shall also be the chief executive officer of the corporation and shall have the powers and duties prescribed in Section 5.6 of these bylaws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Proquest Co)

President. The President shall be the chief executive officer Chief Executive Officer of the Company Corporation and shall, subject to the control of the Board, have shall exercise general supervision, direction and control of supervision over the business and affairs of the CompanyCorporation. In the absence of the Chairman of the BoardBoard (if any) the President shall, he or she shall when present, preside at all meetings of the Board. He or she shall be ex officioboard of directors, a member of all the standing committees, including the executive committee, committee of the board of directors (if any) and shareholders; he shall sign such contracts, documents or instruments in writing as require his signature and shall have the general such other powers and shall perform such other duties as may from time to time be prescribed assigned to him by resolution of the Board board of directors or this Agreementas are incidental to his office.

Appears in 1 contract

Samples: Option and Joint Venture Agreement (Strateco Resources Inc)

President. The President shall be the chief executive officer and general manager of the Company and shall, subject to the control corporation. The President shall preside at all meetings of the Boardshareholders and, have general supervision, direction and control of the business affairs of the Company. In in the absence of the Chairman of the Board, he or she shall preside Board at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have The president has the general powers and duties of management usually vested in the chief executive officer and the general manager of a corporation and such other powers and duties as may be prescribed by the Board or this AgreementBoard.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

President. The President shall be is the chief executive officer Chief Executive Officer of the Company this Corporation and shallwill, subject to the control of the BoardBoard of Directors or any Committees, have general supervision, direction supervise and control of the business affairs of the CompanyCorporation. In The President will perform all duties incident to the absence office of the Chairman of the Board, he or she shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, President and shall have the general powers and any other duties as that may be required by these Bylaws or prescribed by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: Charter School Contract

President. The President President, if any, shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs Chief Executive Officer and the Board and shall have such powers and duties as the board of directors, or the Chief Executive Officer may assign to the President. If the absence (or inability or refusal to act) of the Company. In Chief Executive Officer, the absence of the Chairman of the Board, he or she President shall preside when present at all meetings of the Board. He stockholders and (if he or she shall be ex officio, a member director) of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed by the Board or this AgreementBoard.

Appears in 1 contract

Samples: Merger Agreement (Diamondback Energy, Inc.)

President. The President president shall be the chief executive officer of the Company and shallcorporation and, subject to the control unless otherwise determined by resolution of the BoardBoard of Directors, have general supervision, direction charge and control of the business and affairs of the Companycorporation. In the absence of the Chairman a chairman and vice chairman of the Boardboard, he or she the president shall, when present, preside over all stockholders’ meetings. The president shall preside at perform all meetings duties incident to the office of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, president and shall have the general powers and such other duties as may from time to time be prescribed designated by the Board or this AgreementBoard.

Appears in 1 contract

Samples: Stockholders’ Agreement (OncBioMune Pharmaceuticals, Inc)

President. The President shall be the chief executive officer of the Company Corporation and shall, subject to the control power of the BoardBoard of directors, have general supervision, direction and control of the business and affairs of the CompanyCorporation. In He shall preside at all meetings of the stockholders and, in the absence of the Chairman of the Board, he or she shall preside at all meetings of the Boarddirectors. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties of management usually vested in the office of president of a corporation, and shall have such other duties as may be prescribed assigned to him from time to time by the Board or this Agreementof Directors.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, shall have general supervision, supervision and direction and control of the business and affairs of the Company. In the absence of the Chairman of the Board, he or she The President shall preside at all meetings of the BoardMember. He The President or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall have the general powers and duties as may be prescribed any other Officer authorized by the Board President or this Agreement.the Member shall execute all bonds, mortgages and other contracts,

Appears in 1 contract

Samples: Limited Liability Company Agreement (New Holland Tractor LTD N.V.)

President. The President shall be the chief principal executive officer of the Company and shalland, subject to the control of the BoardBoard of Managers, have shall in general supervision, direction supervise and control all of the business and affairs of the Company. In the absence of the Chairman of the Board, he He or she shall shall, when present, preside at all meetings of the BoardMembers. He or she may sign any contracts or other instruments except those which shall be ex officiorequired by law, a member by this Agreement or by the Board of all the standing committees, including the executive committee, if anyManagers to be otherwise signed or executed, and in general shall have the general powers and perform all duties as may be prescribed by the Board or this Agreementof Managers from time to time.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Capital Park Holdings Corp.)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In He shall perform all the absence duties commonly incident to his office and shall perform such other duties as the Board of the Chairman of the BoardManagers shall designate. When present, he or she shall preside at all meetings of the BoardManagers and Members. He or she Subject to the terms hereof, the President shall be ex officiosign all notes, a member deeds, mortgages, extension agreements, modification of all the standing committeesmortgages agreements, including the executive committeeproperty transfer documents, if anyand leases, and shall generally have the general powers supervision and duties as may be prescribed by control of the Board or this AgreementCompany’s affairs.

Appears in 1 contract

Samples: Operating Agreement (Dakota Growers Pasta Co Inc)

President. The President shall be the chief executive officer of the Company and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at all shareholders' meetings and at all meetings of the BoardBoard of Managers. He or she shall be ex officioSubject to the supervision of the Board of Managers, a member of all the standing committees, including the executive committee, if any, and he shall have the general powers charge of the business, affairs and duties as may be prescribed by property of the Board or this AgreementCompany and general supervision over its other officers, employees and agents.

Appears in 1 contract

Samples: Stein Roe Floating Rate Limited Liability Co

President. The President president shall be the chief executive officer of the Company Corporation, and shall, subject to the control authority of the Boardboard, shall have general supervision, direction and control supervision of the business and affairs of the CompanyCorporation. In Except when the absence of board has elected or appointed a general manager, the Chairman of the Board, he or she president shall preside at all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if any, and shall also have the general powers and be charged with the duties as may be prescribed by the Board or this Agreementof that office.

Appears in 1 contract

Samples: Wingfoot Ventures Eight Inc.

President. The President shall be the chief executive officer of the Company and shallCompany, subject to the control shall preside at all meetings of the BoardMembers, have general supervisionif any, direction and control in the absence or disqualification of a Chairman of the business affairs of the Company. In the absence of the Board or a Vice Chairman of the Board, he or she shall preside at all meetings of the Board. He or she , and the President shall be ex officio, a member responsible for the general and active management of all the standing committees, including business of the executive committee, if any, Company and shall have the general powers see that all orders and duties as may be prescribed by resolutions of the Board are carried into effect. Except to the extent otherwise provided in this Agreement or this Agreementin a resolution of the Board, the President shall have such other duties and have such other powers as are similar to those of a president and chief executive officer of a business corporation organized under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Intertape Woven Products Services S.A. De C.V.)

President. The President of the Company will be appointed by the Chief Executive Officer, and in this capacity shall perform such duties and have such other powers as the President of the Company, or the Manager may from time to time prescribe. The President shall be the chief executive officer of the Company organize and shall, subject to the control of the Board, have general supervision, direction and control of the business affairs of the Company. In the absence of the Chairman of the Board, he or she shall preside at manage all meetings of the Board. He or she shall be ex officio, a member of all the standing committees, including the executive committee, if anyMembers, and in the absence or incapacity of the Chief Executive Officer, shall have the general powers authority to and may perform the duties as may be prescribed by the Board or this Agreementof such officer.

Appears in 1 contract

Samples: Generex Biotechnology Corp

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