Specific Powers. (1) The Manager is authorized on the Company’s behalf to make all decisions as to (i) the development, sale, lease or other disposition of the Company’s assets; (ii) the purchase or other acquisition of other assets of all kinds, and origination, sale, purchase, or other lending activities as set forth in the Offering Circular; (iii) the management of all or any part of the Company’s assets and business; (iv) the borrowing of money and the granting of security interests in the Company’s assets (including, but not limited to, loans from Members); (v) the prepayment, refinancing or extension of any mortgage affecting the Company’s assets; (vi) the compromise or release of any of the Company’s claims or debts; (vii) the employment of Persons for the operation and management of the Company’s business; (viii) all elections available to the Company under any federal or state tax law or regulation; and/or (ix) the development, commercialization, sales, marketing and exploitation of the assets, technology and property of the Company. (2) The Manager on the Company’s behalf may execute and deliver (i) any and all contracts, conveyances, assignments, leases, subleases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company’s assets; (ii) any and all checks, drafts and other orders for the payment of the Company’s funds; (iii) any and all promissory notes, mortgages, deeds of trust, security agreements and other similar documents; (iv) any and all articles, certificates and reports pertaining to the Company’s organization, qualification and dissolution; (v) any and all tax returns and reports; and/or (vi) any all other instruments of any kind or character relating to the Company’s affairs.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC)
Specific Powers. (1) The Manager is authorized on the Company’s behalf to make all decisions as to (i) the development, sale, lease or other disposition of the Company’s assets; (ii) the purchase or other acquisition of other assets of all kinds, and origination, sale, purchase, or other lending activities as set forth in the Offering Circular; (iii) the management of all or any part of the Company’s assets and business; (iv) the borrowing of money and the granting of security interests in the Company’s assets (including, but not limited to, loans from Members); (v) the prepayment, refinancing or extension of any mortgage affecting the Company’s assets; (vi) the compromise or release of any of the Company’s claims or debts; (vii) the employment of Persons for the operation and management of the Company’s business; (viii) all elections available to the Company under any federal or state tax law or regulation; and/or (ix) the development, commercialization, sales, marketing and exploitation of the assets, technology and property of the Company.. LIMITED LIABILITY COMPANY OPERATING AGREEMENT PFG Fund V, LLC
(2) The Manager on the Company’s behalf may execute and deliver (i) any and all contracts, conveyances, assignments, leases, subleases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company’s assets; (ii) any and all checks, drafts and other orders for the payment of the Company’s funds; (iii) any and all promissory notes, mortgages, deeds of trust, security agreements and other similar documents; (iv) any and all articles, certificates and reports pertaining to the Company’s organization, qualification and dissolution; (v) any and all tax returns and reports; and/or (vi) any all other instruments of any kind or character relating to the Company’s affairs.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC)
Specific Powers. (1) The Manager is authorized authorized, on the Company’s behalf and each Series’ behalf, to make all decisions as to (i) the development, sale, lease lease, or other disposition of the Company’s Company and Series assets; (ii) the origination and purchase of loans or other acquisition of any other assets of all kinds, and origination, sale, purchase, or other lending activities as set forth in the Offering Circular; (iii) the acquisition, purchase, leasing, and/or sale of Properties or any other assets of all kinds; (iv) the management of all all, or any part part, of the Company’s and each Series’ assets and business; (ivv) the borrowing of money and the granting of security interests in the Company’s and each Series’ assets (including, but not limited to, including loans from Members)) as, and only if, provided for in the Memorandum; (vvi) the prepayment, refinancing refinancing, or extension of any mortgage affecting the Company’s and each Series’ assets; (vivii) the compromise or release of any of the Company’s and each Series’ claims or debts; (viiviii) the employment of Persons for the operation and management of the Company’s and each Series’ business; (viiiix) wind up and dissolve the Company or a Series in accordance with Article 7 below and/or cause the Company to merge into a new Affiliate Entity for the purposes of offering Membership Interests under a Regulation A as set forth under the Securities Act, as amended, and (x) all elections available to the Company and each Series under any federal or state tax law or regulation; and/or (ix) the development, commercialization, sales, marketing and exploitation of the assets, technology and property of the Company.
(2) The Manager Manager, on behalf of the Company’s behalf Company and each Series, may execute and deliver (i) any and all contracts, conveyances, assignments, leases, subleases, franchise agreements, licensing agreements, management contracts contracts, and maintenance contracts covering or affecting the Company’s assetsassets of the Company and each Series; (ii) any and all checks, drafts drafts, and other orders for the payment of the Company’s Company and Series funds; (iii) any and all loan documents including, without limitation, promissory notes, mortgages, deeds of trust, security agreements agreements, and other similar documents; (iv) any and all articles, certificates certificates, and reports pertaining to the Company’s and each Series’ organization, qualification qualification, and dissolution; (v) any and all tax returns and reports; and/or and (vi) any all other instruments of any kind or character relating to the Company’s Company and each Series’ affairs. No Member, by virtue of its status as such, shall have any management power over the business and affairs of the Company or any Series or actual or apparent authority to enter into, execute or deliver contracts on behalf of, or to otherwise bind, the Company or any Series.
(3) The Manager, on behalf of the Company and each Series, shall have the authority to issue additional classes of Membership Interests for any Company or Series purpose at any time and from time to time to such Persons for such consideration or for no consideration and on such terms and conditions as the Manager shall determine, all without the approval of the Members. Each Membership Interest shall have the rights and be governed by the provisions set forth in this Agreement (including any Series Offering and/or Series Offering Statement).
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Concreit Series LLC), Limited Liability Company Operating Agreement (Concreit Series LLC)