Powers. Unless limited by the appointment decision or by a subsequent decision, the Director shall have the same powers of direction as the President and shall be subject to the same limitations as those provided for in Section 17.05 above.
Powers. 18.4.1 The Advisory Committee shall be consulted by the Management Company on:
a) potential or actual conflicts of interest,
b) any extension of the Term,
c) any Key Person Event, and
d) all other matters provided for in the By-Laws or as the Management Company may determine.
18.4.2 The Advisory Committee members shall not take part in the management of the Fund’s affairs and business, nor shall they have any power or authority to act for or on behalf of the Fund, and all investment decisions, as well as the responsibility for the management of the Fund which shall remain the Management Company’s. In the event that the Management Company consults the Advisory Committee in relation to an action to be taken and acts contrary to the written recommendation of the Advisory Committee then the Management Company shall inform the Investors in writing of such action enclosing a copy of the written recommendation as soon as practicable after the action has been taken. The Advisory Committee’s approval shall be required for the conflict of interest matters upon which it is consulted and the Management Company may carry out a transaction where an actual or potential conflict of interest exists, without being deemed to be in breach of the By-Laws or any duty of any kind owed by the Management Company to the Fund or the Investors, if such transaction was approved by the Advisory Committee. The Advisory Committee members shall not be agents (mandataires) or delegates (représentants) of any Investor. For the avoidance of doubt, the Advisory Committee has no management functions and no Advisory Committee member shall owe any duty whatsoever to the Fund or the Investors solely by reason of him or her being an Advisory Committee member. Advisory Committee members may take into account their sole interest in voting on the Advisory Committee.
18.4.3 Where the approval or consent of the Advisory Committee is required under the By-Laws for the Fund to make or dispose of any particular Investment, the Advisory Committee shall not consider the commercial merits of such Investment, or disposal thereof, but shall determine only:
(a) how the Investment Policy of the Fund should, in general terms, be implemented to enable such Investment to be made; and/or
(b) whether, at the relevant time, the Management Company and/or its Management Team have the appropriate resources, skills, expertise and experience necessary to make, monitor and/or carry out a similar Investment on behalf of the ...
Powers. The Chairman manages the Company and represents it with third parties. As such, he/she shall have all the necessary powers to act in any circumstances on behalf of the Company, within the limits of the company purpose and the powers expressly devolved by the legal provisions and these articles to shareholders’ decisions. The Chairman can consent to any delegation of authority to any third party for one or more specific objects.
Powers. The Managing Directors and the Deputy Managing Directors have the same powers as the Chairman, subject to any limitations on their powers which may be decided by the Chairman upon their appointment or subsequently. The Managing Directors and the Deputy Managing Directors may, subject to the previous paragraph, grant any delegation of powers to any à tous tiers pour un ou plusieurs objets déterminés.
Powers. Unless limited by the appointment decision or a subsequent decision, the Managing Director has the same powers of management as the Chairman. The Managing Director has the power to represent the Company with respect to third parties. It is stated that the Company is bound even by the acts of the Managing Director which do not come within the company purpose, unless it provides evidence that the third party was aware that said acts exceeded the company purpose or could not have been unaware of this in the circumstances, the publication of the articles alone being insufficient proof of this.