Restrictions on the Power of the Managers. The Board of Managers will not have the authority to: (a) cause the Company to do any acts in violation of or in breach of any agreement entered into by the Company to the extent such acts are not expressly permitted by this Agreement; (b) take any action in contravention of the Act, the Certificate of Formation or this Agreement (each as may be amended, supplemented or otherwise modified and in effect from time to time); (c) to the fullest extent permitted by law, take any action that would make it impossible to carry on the ordinary business of the Company; (d) admit any Person as a member of the Company; (e) knowingly perform any act that would subject any Member to loss of limited liability in any jurisdiction; or (f) take any action to amend or modify the Certificate of Formation or this Agreement.
Appears in 10 contracts
Samples: Operating Agreement (MacroShares $100 Oil Down Trust), Operating Agreement (MacroShares Housing Depositor, LLC), Operating Agreement (MacroShares $100 Oil Up Trust)
Restrictions on the Power of the Managers. The Board of Managers will not have the authority to:
(a) cause the Company to do any acts in violation of or in breach of any agreement entered into by the Company to the extent such acts are not expressly permitted by this Agreement;
(b) take any action in contravention of the Act, the Certificate of Formation or this Agreement (each as may be amended, supplemented or otherwise modified and in effect from time to time);
(c) to the fullest extent permitted by law, take any action that would make it impossible to carry on the ordinary business of the Company;
(d) admit any Person as a member of the Company;
(e) knowingly perform any act that would subject any the Member to loss of limited liability in any jurisdiction; or
(f) take any action to amend or modify the Certificate of Formation or this Agreement.
Appears in 1 contract
Samples: Operating Agreement (MACRO Securities Depositor, LLC)