Reliance by Third Parties. Any Person dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons who are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers or as to any other matter whatsoever involving the Company or the Member.
Appears in 39 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Filterfresh Coffee Service, Inc.), Limited Liability Company Agreement (Yellow Media Inc.)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, Member; (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, ; (c) the Persons persons who or entities which are authorized to execute and deliver any instrument or document of or on behalf of the Company, ; (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers Member or any officer or agent acting on behalf of the Company Company; or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the Member.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Simmons Co /Ga/), Limited Liability Company Agreement (Simmons Co /Ga/), Limited Liability Company Agreement (Simmons Co /Ga/)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of ManagersMember, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons persons who or entities which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers Member or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the Member.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (In-Ter-Space Services, Inc.), Limited Liability Company Agreement (In-Ter-Space Services, Inc.), Limited Liability Company Agreement (Axcan Intermediate Holdings Inc.)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the any Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-non existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the MemberCompany, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the Member.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Robec Brazil LLC), Limited Liability Company Agreement (Robec Brazil LLC), Limited Liability Company Agreement (Robec Brazil LLC)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons persons who or entities which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers or as to any other matter whatsoever involving the Company or the Member.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Hillman Companies Inc), Limited Liability Company Agreement (Hillman Companies Inc), Limited Liability Company Agreement (Houghton Mifflin Finance, Inc.)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers Manager as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (U. S. Premium Beef, LLC), Limited Liability Company Agreement (Jefferies Financial Group Inc.), Purchase and Sale Agreement (Leucadia National Corp)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (National Beef Packing Co LLC), Limited Liability Company Agreement (National Beef Packing Co LLC), Limited Liability Company Agreement (Nb Finance Corp)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers Manager as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Golden Queen Mining Co LTD), Limited Liability Company Agreement (Leucadia National Corp), Membership Interest Purchase Agreement (National Beef Packing Co LLC)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers Manager as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (National Beef, Inc.), Limited Liability Company Agreement (National Beef, Inc.)
Reliance by Third Parties. Any Person dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers Manager as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member Company or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who that are authorized to execute and deliver any instrument or document of or on behalf of the CompanyCompany or its Subsidiaries, (d) the authorization of any action taken by or on behalf of the Company or its Subsidiaries by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or its Subsidiaries or (e) any act or failure to act by the Company, the Board of Managers Company or its Subsidiaries or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Gryphon Gold Corp)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Wayfair Inc.), Limited Liability Company Operating Agreement (Wayfair Inc.)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, Member; (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, ; (c) the Persons persons who or entities which are authorized to execute and deliver any instrument or document of or on behalf of the Company, ; (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers Member or any officer or agent acting on behalf of the Company Company; or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the Member.
Appears in 2 contracts
Samples: Operating Agreement (Simmons Co /Ga/), Operating Agreement (Simmons Co /Ga/)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers Manager as to: (a) the identity of the Member or the members of the Board of ManagersMembers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers Manager or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 1 contract
Samples: Limited Liability Company Agreement (National Beef, Inc.)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member Chairman of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, Members; (b) the existence or non-existence of any fact or facts which that constitute a condition precedent to acts by the Member or the Board of Managers Members or are in any other manner germane to the affairs of the Company, ; (c) the Persons who that are authorized to execute and deliver any instrument or document of or on behalf of the Company, ; (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company Company; or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 1 contract
Reliance by Third Parties. Any Person dealing with the Company or the Member Members may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member Members or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or Members, the Board of Managers Managers, or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the MemberMembers.
Appears in 1 contract
Samples: Limited Liability Company Agreement (National Commerce Corp)
Reliance by Third Parties. Any Person dealing with the Company or the Member may rely upon a certificate signed by the Member or a duly authorized member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons who are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers or as to any other matter whatsoever involving the Company or the Member.
Appears in 1 contract
Samples: Operating Agreement (SunGard Availability Services LP)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the any Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons who which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the MemberCompany, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers Company or as to any other matter whatsoever involving the Company or the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Xerium Technologies LTD)
Reliance by Third Parties. Any Person person or entity dealing with the Company or the Member may rely upon a certificate signed by the Member or a member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons persons who or entities which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company Company, or (e) any act or failure to act by the Company, the Board of Managers or as to any other matter whatsoever involving the Company or the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (HCF Acquisition LLC)
Reliance by Third Parties. Any Person dealing with the Company or the Member may rely upon a certificate signed by the Member or a member Member of the Board of Managers as to: (a) the identity of the Member or the members of the Board of Managers, (b) the existence or non-existence of any fact or facts which constitute a condition precedent to acts by the Member or the Board of Managers or are in any other manner germane to the affairs of the Company, (c) the Persons who or which are authorized to execute and deliver any instrument or document of or on behalf of the Company, (d) the authorization of any action taken by or on behalf of the Company by the Member, the Board of Managers or any officer or agent acting on behalf of the Company or (e) any act or failure to act by the Company, the Board of Managers or as to any other matter whatsoever involving the Company or the Member.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Carrabba's/Colorado-I, Limited Partnership)
