Common use of Removal and Resignation Clause in Contracts

Removal and Resignation. Any Officer appointed by the Board may be removed as such, with or without cause and at any time, by the Board whenever in its judgment the best interests of the Company will be served thereby; provided, however, that such removal shall be without prejudice to the contract rights, if any, of the Person so removed. Any Officer of the Company may resign as such at any time upon written notice to the Company. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time is specified therein, at the time of its receipt by the Board. The acceptance of a resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.), Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.), Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.)

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Removal and Resignation. Any Officer officer or agent elected or appointed by the Board of Directors may be removed as such, with or without cause and at any time, by the affirmative vote of a majority of the Board whenever of Directors whenever, in its judgment judgment, the best interests of the Company will corporation shall be served thereby; provided, however, that but such removal shall be without prejudice to the contract contractual rights, if any, of the Person person so removed. Any Officer of the Company officer may resign as such at any time upon by giving written notice to the Companycorporation. Such Any such resignation shall be made in writing and shall take effect at the date of the receipt of such notice or at any later time specified therein or, if no time is specified therein, at and unless otherwise specified therein, the time of its receipt by the Board. The acceptance of a such resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 6 contracts

Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.), Agreement and Plan of Merger (Regeneration Technologies Inc)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon by giving written notice of his or her resignation to the CompanyBoard of Directors, the chairman of the board, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time notice of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 5 contracts

Samples: Partnership Unit and Share Purchase Agreement (Strategic Realty Trust, Inc.), Agreement and Plan of Merger (MPG Office Trust, Inc.), Agreement and Plan of Merger (Walter Industries Inc /New/)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon written notice by delivering his or her resignation to the CompanyBoard of Directors, the chairman of the Board of Directors, or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 5 contracts

Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon written notice by delivering his or her resignation to the CompanyBoard of Directors, the chairman of the board, the chief executive officer, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (CYS Investments, Inc.), Iii Agreement and Plan of Merger (Two Harbors Investment Corp.), Agreement and Plan of Merger (Comtech Telecommunications Corp /De/)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon by giving written notice of his or her resignation to the CompanyBoard, the chairman of the Board, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time notice of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 4 contracts

Samples: Employment Agreement (Sierra Income Corp), Agreement and Plan of Merger (Sierra Income Corp), Employment Agreement (Medley Management Inc.)

Removal and Resignation. Any Officer appointed officer or agent of the Corporation may be removed by the Board may be removed as such, with or without cause and at any time, by the Board whenever of Directors if in its their judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon by giving written notice of his resignation to the CompanyBoard of Directors, the Chairman of the Board, the President or the Secretary. Such Any resignation shall be made in writing and shall take effect at any time subsequent to the time specified therein or, if no the time when it shall become effective is not specified therein, at the time of immediately upon its receipt by the Boardreceipt. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Prison Realty Trust Inc)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Company may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company may resign as such at any time upon by giving written notice of his or her resignation to the CompanyBoard of Directors, the Chairman of the Board of Directors, the President or the Secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time notice of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Company.

Appears in 3 contracts

Samples: Operating Agreement (Ellington Financial LLC), Operating Agreement (KKR Financial Holdings LLC), Operating Agreement (KKR Financial Holdings LLC)

Removal and Resignation. Any Officer officer or agent elected or appointed by the Board of Directors may be removed as such, with or without cause and at any time, by the affirmative vote of a majority of the Board whenever of Directors then in office whenever, in its judgment judgment, the best interests of the Company will corporation shall be served thereby; provided, however, that but such removal shall be without prejudice to the contract contractual rights, if any, of the Person person so removed. Any Officer of the Company officer may resign as such at any time upon by giving written notice to the Companycorporation. Such Any such resignation shall be made in writing and shall take effect at the date of the receipt of such notice or at any later time specified therein or, if no time is specified therein, at and unless otherwise specified therein, the time of its receipt by the Board. The acceptance of a such resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 2 contracts

Samples: Investment Agreement (Transmeridian Exploration Inc), Investment Agreement (Transmeridian Exploration Inc)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon written notice by delivering his or her resignation to the CompanyBoard of Directors, the chairman of the board, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Green Tree SerVertis Acquisition LLC), Agreement and Plan of Merger (Walter Industries Inc /New/)

Removal and Resignation. Any Officer appointed by the Board may be removed as such, with or without cause and at any timecause, by a majority vote of the Board votes entitled to be cast by the Directors whenever in its their judgment the best interests of the Company LLC will be served thereby; provided, however, that such removal shall be without prejudice to the contract rights, if any, of the Person so removed. Any Officer of the Company may resign as such at any time upon written notice to the CompanyLLC. Such resignation shall be made in writing and shall take effect at the time specified therein ortherein, or if no time is specified therein, at the time of its receipt by the Board. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ndsi Inc)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Corporation may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will Corporation would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company Corporation may resign as such at any time upon by giving written notice of his or her resignation to the CompanyBoard of Directors, the Chair of the Board, the chief executive officer, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Varagon Capital Corp.)

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Removal and Resignation. Any Officer appointed by the Board may be removed as such, with or without cause and at any time, by the Board whenever in its judgment the best interests of the Company will be served thereby; provided, however, that such removal shall be without prejudice to the contract rights, if any, of the Person so removed. Any Officer of the Company may resign as such at any time upon written notice to the Company. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time is specified therein, at the time of its receipt by the Board. , The acceptance of a resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.)

Removal and Resignation. Any Officer officer may be removed, either ----------------------- with or without cause, by the Board or, in the case of an officer not appointed by the Board may be removed as such, with or without cause and at any time, by the Chief Executive Officer (or if the Board whenever in its judgment does not appoint a Chief Executive Officer, the best interests of the Company will be served thereby; provided, however, that such removal shall be without prejudice to the contract rights, if any, of the Person so removedPresident). Any Officer of the Company officer may resign as such at any time upon written by giving notice to the CompanyBoard or to the Chief Executive Officer (or if the Board does not appoint a Chief Executive Officer, the President), or to the Secretary of the Corporation. Such Any such resignation shall be made in writing and shall take effect at the date of receipt of such notice or at any later time specified therein ortherein; and, if no time is unless otherwise specified thereinin such notice, at the time of its receipt by the Board. The acceptance of a the resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ps Group Inc)

Removal and Resignation. Any Officer appointed by the Board may be removed as such, with or without cause and at any time, by the Board whenever in its judgment the best interests of the Company will be served thereby; provided, however, that such removal shall be without prejudice Officers Subject to the contract rights, if any, of an officer under any contract of employment, any officer may be removed, either with or without cause, by the Person so removedBoard of Trustees at any regular or special meeting of the Board of Trustees or except in the case of an officer upon whom such power of removal may be conferred by the Board of Trustees. Any Officer of the Company officer may resign as such at any time upon by giving written notice to the CompanyTrust. Such Any resignation shall be made in writing and shall take effect at the date of the receipt of that notice or at any later time specified therein orin that notice; and unless otherwise specified in that notice, if no time is specified therein, at the time of its receipt by the Board. The acceptance of a the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, unless expressly provided in if any, of the resignationTrust under any contract to which the officer is a party.

Appears in 1 contract

Samples: American Century Government Income Trust

Removal and Resignation. Any Officer or agent elected or appointed by the Board of Managers may be removed as such, with or without cause and at any time, by the affirmative vote of a majority of the Board whenever of Managers whenever, in its judgment judgment, the best interests of the Company will shall be served thereby; provided, however, that but such removal shall be without prejudice to the contract contractual rights, if any, of the Person person so removed. Any Officer of the Company may resign as such at any time upon by giving written notice to the Company. Such Any such resignation shall be made in writing and shall take effect at the date of the receipt of such notice or at any later time specified therein or, if no time is specified therein, at and unless otherwise specified therein, the time of its receipt by the Board. The acceptance of a such resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Vantage Delaware Holdings, LLC)

Removal and Resignation. Any Officer appointed by the Board may be removed as such, with or without cause and at any time, by the Board whenever in its judgment the best interests of the Company will be served thereby; , provided, however, that such removal shall be without prejudice to the contract rights, if any, of the Person so removed. Any Officer of the Company may resign as such at any time upon written notice to the Company. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time is specified therein, at the time of its receipt by the Board. The acceptance of a resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Builders FirstSource of Nashville, Inc.)

Removal and Resignation. Any Officer appointed by officer or agent of the Board Company may be removed as suchremoved, with or without cause and at any timecause, by the Board whenever of Directors if in its judgment the best interests of the Company will would be served thereby; provided, however, that but such removal shall be without prejudice to the contract rights, if any, of the Person person so removed. Any Officer officer of the Company may resign as such at any time upon by giving written notice of his or her resignation to the CompanyBoard of Directors, the Chairman of the Board, the president or the secretary. Such Any resignation shall be made in writing and shall take effect immediately upon its receipt or at the such later time specified therein or, if no time is specified therein, at in the time notice of its receipt by the Boardresignation. The acceptance of a resignation shall not be necessary to make it effective, effective unless expressly provided otherwise stated in the resignation. Such resignation shall be without prejudice to the contract rights, if any, of the Company.

Appears in 1 contract

Samples: Operating Agreement (Tortoise Total Return Fund, LLC)

Removal and Resignation. Any Officer officer or agent elected or appointed by the Board of Directors may be removed as such, with or without cause and at any time, by the affirmative vote of the Board whenever of Directors whenever, in its judgment judgment, the best Appendix C interests of the Company will corporation shall be served thereby; provided, however, that but such removal shall be without prejudice to the contract contractual rights, if any, of the Person person so removed. Any Officer of the Company officer may resign as such at any time upon by giving written notice to the Companycorporation. Such Any such resignation shall be made in writing and shall take effect at the date of the receipt of such notice or at any later time specified therein or, if no time is specified therein, at and unless otherwise specified therein, the time of its receipt by the Board. The acceptance of a such resignation shall not be necessary to make it effective, unless expressly provided in the resignation.

Appears in 1 contract

Samples: Exchange Agreement (Stewart Information Services Corp)

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