Common use of Chief Executive Officer Clause in Contracts

Chief Executive Officer. The Chief Executive Officer shall have the powers and perform the duties incident to that position. The Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)

Appears in 5 contracts

Samples: Merger Agreement (DEX ONE Corp), Merger Agreement (Supermedia Inc.), Agreement and Plan of Merger (Supermedia Inc.)

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Chief Executive Officer. The Chief Executive Officer shall have the powers and perform the duties incident to that position. The Chief Executive Officer chief executive officer shall, subject to the direction and supervision of the board of directors, (i) have general and active control of the affairs of the corporation and general supervision of its officers, agents and employees; (ii) in the absence of the Chairman chairman of the Board, or if a Chairman of the Board shall not have been electedboard, preside at each meeting all meetings of the stockholders and the board of directors; (aiii) see that all orders and resolutions of the Board board of Directors directors are carried into effect; and (iv) perform all other duties incident to the office of chief executive officer and as from time to time may be assigned to him by the board if the Chief Executive Officer is a director or (b)directors.

Appears in 4 contracts

Samples: Registration Rights Agreement (Unitedglobalcom Inc), Registration Rights Agreement (Liberty Media Corp /De/), Registration Rights Agreement (Liberty Media Corp /De/)

Chief Executive Officer. The Chief Executive Officer shall be the chief executive officer of the Corporation, shall have general supervision of the powers affairs of the Corporation and perform general control of all of its business subject to the duties incident to that positionultimate authority of the Board, and shall be responsible for the execution of the policies of the Board. The Chief Executive Officer shall, in In the absence (or inability or refusal to act) of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is (if he or she shall be a director or (b)director) shall preside when present at all meetings of the stockholders and the Board.

Appears in 4 contracts

Samples: Indemnification Agreement (Oryon Holdings, Inc.), Warrant Agreement (Hicks Acquisition CO I Inc.), Voting Agreement (Venturi Partners Inc)

Chief Executive Officer. The Chief Executive Officer shall have exercise the usual executive powers pertaining to the office of Chief Executive Officer. In the absence of a Chairman and perform the duties incident to that positionPresident, the Chief Executive Officer shall preside at meetings of the Board of Directors and of the shareholders. The Chief Executive Officer shall, in subject to the absence of the Chairman of the Board, or if a Chairman control of the Board shall not of Directors, have been electedgeneral supervision, preside at each meeting direction and control of (a) the Board business and the officers of Directors if the Chief Executive Officer is a director or (b)Corporation.

Appears in 4 contracts

Samples: Voting Agreement (Weyerhaeuser Real Estate Co), Voting Agreement (Weyerhaeuser Co), Voting Agreement (TRI Pointe Homes, Inc.)

Chief Executive Officer. The Chief Executive Officer of the Corporation shall have overall responsibility and authority for the powers and perform the duties incident to that position. The Chief Executive Officer shall, in the absence management of the Corporation. In the event the position of Chairman of the Board, or if a Chairman of the Board shall not have been electedbe occupied or the Chairman shall be absent or otherwise unable to act, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)shall preside at meetings of stockholders and directors and shall discharge the duties of the presiding officer.

Appears in 3 contracts

Samples: Common Stock Subscription Agreement, Common Stock Subscription Agreement (Feel the World, Inc.), Common Stock Subscription Agreement (Feel the World, Inc.)

Chief Executive Officer. The Chief Executive Officer shall have general supervision, direction and control of the powers business and perform the duties incident to that positionOfficers of the Company. In the absence or nonexistence of a Chairman of the Board or Vice Chairman of the Board, the Chief Executive Officer shall preside at meetings of the Board. The Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman of shall also have such other powers and duties as may be assigned by the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)as may be prescribed by this Agreement.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Atlas Energy, L.P.), Limited Liability Company Agreement (Atlas Pipeline Holdings, L.P.), Operating Agreement (Atlas Energy Resources, LLC)

Chief Executive Officer. The Chief Executive Officer chief executive officer shall be the chief executive officer and, subject to the authority of the board, shall have the such powers and perform duties as the duties incident to that positionboard may specify. The Chief Executive Officer shall, in chief executive officer shall report directly to the absence of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)board.

Appears in 2 contracts

Samples: Arrangement Agreement (Agrium Inc), Arrangement Agreement (Potash Corp of Saskatchewan Inc)

Chief Executive Officer. The Chief Executive Officer Officer, if one is elected, shall have the powers and perform the duties incident to that position. The Chief Executive Officer shall, in the absence preside at meetings of the Chairman board of the Board, or directors and stockholders if a there is no Chairman of the Board or in his absence, and shall not supervise and have been electedoverall responsibility for the business, preside at each meeting administration and operations of (a) the Board Corporation. In general, he shall perform all duties as from time to time may be assigned to him by the board. He shall from time to time make such reports of Directors if the Chief Executive Officer is a director or (b)affairs of the Corporation as the board may require.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (American Resources Offshore Inc), Agreement and Plan of Merger (Blue Dolphin Energy Co)

Chief Executive Officer. The Chief Executive Officer shall have general supervision, direction and control of the powers business and perform the duties incident to that positionOfficers of the Company. In the absence, disability or non-existence of a Chairman of the Board or Vice Chairman of the Board, the Chief Executive Officer shall preside at meetings of the Board. The Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman of also shall have such other powers and duties as may be assigned by the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)as may be prescribed by this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Abraxas Energy Partners LP)

Chief Executive Officer. The Chief Executive Officer shall be the chief executive officer of the Corporation, shall have general supervision of the powers affairs of the Corporation and perform general control of all of its business subject to the duties incident ultimate authority of the Board, and shall be responsible for the execution of the policies of the Board with respect to that positionsuch matters. The Chief Executive Officer shall, in In the absence (or inability or refusal to act) of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is (if he or she shall be a director or (b)director) shall preside when present at all meetings of the stockholders and the Board. The position of Chief Executive Officer and President may be held by the same person.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Landcadia Holdings III, Inc.)

Chief Executive Officer. The Chief Executive Officer Officer, if one is elected, shall have the such powers and shall perform such duties as the duties incident Board of Directors may from time to that positiontime designate. The If the Chief Executive Officer is also a member of the Board, the Chief Executive Officer shall, in the absence of or because of the Chairman inability to act of the Chairperson of the Board, or if a Chairman perform all duties of the Chairperson of the Board shall not have been elected, and preside at each meeting all meetings of (a) stockholders and of the Board of Directors if the Chief Executive Officer is a director or (b)Board.

Appears in 1 contract

Samples: Registration Rights Agreement (Good Works II Acquisition Corp.)

Chief Executive Officer. The Chief Executive Officer If appointed, the chief executive officer, subject to the authority of the Board, shall be responsible for implementing the strategic plans and policies of the Corporation as established by the Board; and the chief executive officer shall have such other powers and duties as the Board may specify. During the absence or disability of the chair, or if no chair has been appointed, the chief executive officer shall have the powers and perform the duties incident to of that position. The Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)office.

Appears in 1 contract

Samples: Amalgamation Agreement

Chief Executive Officer. The Chief Executive Officer, if one is elected, shall have such powers and shall perform such duties as the Board of Directors may from time to time designate. The Chief Executive Officer shall have preside as the powers and perform chair of the duties incident to meeting at all meetings of the stockholders; provided, that position. The if there is no Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is unable to so preside or is absent, then a director or (b)officer chosen by resolution of the Board of Directors shall act as Chairperson at all meetings of stockholders.

Appears in 1 contract

Samples: Business Combination Agreement (Slam Corp.)

Chief Executive Officer. (i) The Chief Executive Officer shall have the general executive powers, as well as specific powers and perform the duties incident to that positionconferred by these By-Laws. The Chief Executive Officer shall, in shall have such other powers and perform such duties as from time to time may be assigned to him or her by the Board. In the absence of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)shall perform all the duties of the Chairman of the Board.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Constellation Energy Group Inc)

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Chief Executive Officer. The Chief Executive Officer shall have be responsible for the powers general management of the affairs of the Corporation and shall perform all duties incidental to such person’s office which may be required by law and all such other duties as are properly required of the duties incident Chief Executive Officer by the Board. The Chief Executive Officer shall report to that positionthe Board of Directors. The Chief Executive Officer shall, in the absence or inability to act of the Chairman of the BoardBoard and the Lead Director (if elected), or if a perform all duties of the Chairman of the Board shall not have been elected, and preside at each meeting all meetings of (a) shareholders and of the Board of Directors if the Chief Executive Officer is a director or (b)Board.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Duke Energy CORP)

Chief Executive Officer. The Unless otherwise provided by the Board of Directors, the Chief Executive Officer shall have general charge of the powers and perform day-to-day operations of the duties incident Corporation, subject to that positionthe direction of the Board of Directors. The Chief Executive Officer shall, in In the absence of the Chairman President or in the event of the Boardhis inability or refusal to act, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)shall perform the duties of the President, and when so acting, shall have all the powers and responsibilities of and be subject to all the restrictions upon the President.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Physicians Specialty Corp)

Chief Executive Officer. The Chief Executive Officer shall have be the powers and perform the duties incident to that position. The Chief Executive Officer shall, in the absence chief executive officer of the Chairman Corporation, shall have general supervision of the affairs of the Corporation and general control of all of its business subject to the ultimate authority of the Board, or if a Chairman and shall be responsible for the execution of the policies of the Board shall not have been electedwith respect to such matters. In the absence (or inability or refusal to act) of the Chair of the Board, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is (if he or she shall be a director or (b)director) shall preside when present at all meetings of the stockholders and the Board. The position of Chief Executive Officer and President may be held by the same person.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Starboard Value Acquisition Corp.)

Chief Executive Officer. The Chief Executive Officer shall be the chief executive officer of the Corporation, shall have general supervision of the powers affairs of the Corporation and perform general control of all of its business subject to the duties incident to that positionultimate authority of the board of directors, and shall be responsible for the execution of the policies of the board of directors. The Chief Executive Officer shall, in In the absence (or inability or refusal to act) of the Chairman of the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is (if he or she shall be a director or (b)director) shall preside when present at all meetings of the stockholders and the board of directors.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Superior Energy Services Inc)

Chief Executive Officer. The Chief Executive Officer shall have has, subject to the powers oversight of the Board of Directors, general supervision, direction and perform control of the duties incident to that positionbusiness and the officers, employees and agents of the Corporation. The Chief Executive Officer shall, in In the absence of the Chairman of the Board, or the Chief Executive Officer, if such officer is a Chairman director, presides at all meetings of the Board shall not have been electedof Directors, preside at each meeting of (a) unless the Board of Directors if the determines otherwise. The Chief Executive Officer is a director or (b)must perform such other duties and will have such other powers as the Board of Directors designates from time to time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Woodward, Inc.)

Chief Executive Officer. The If the Company has a Chief Executive Officer, unless otherwise prescribed by the Board, the Chief Executive Officer shall hold the office of Chief Manager and/or President and, if the Company has a President, the President shall have the such powers and shall perform the such duties incident to that position. The Chief Executive Officer shall, in the absence of the Chairman of as may be prescribed by the Board, or if a Chairman of the Board shall not have been elected, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b).

Appears in 1 contract

Samples: Member Control Agreement

Chief Executive Officer. In the absence of the Chairman, and subject to the provisions of this Agreement, the Chief Executive Officer shall preside at all meetings of the Members. The Chief Executive Officer shall perform all duties usually incident to such office, subject to the direction of the Board. He shall also have the such other powers and perform such other duties as may be prescribed by the duties incident to that positionBoard. The Chief Executive Officer shall, in In case of the absence or disability of the Chairman of the BoardChairman, or if a when circumstances prevent the Chairman of the Board shall not have been electedfrom acting, preside at each meeting of (a) the Board of Directors if the Chief Executive Officer is a director or (b)shall perform the duties of the Chairman.

Appears in 1 contract

Samples: Limited Liability Company (Carrabba's/Colorado-I, Limited Partnership)

Chief Executive Officer. The Chief Executive Officer shall have the powers and perform the duties incident to that position. The Chief Executive Officer shall, in the absence of the Chairman of the Board, or if a Chairman preside at all meetings of the Board shall not have been elected, preside at each meeting stockholders and of (a) the Board of Directors if the at which he or she is present. The Chief Executive Officer is a director of the Corporation shall be responsible for the administration of the Corporation, including general supervision of the policies of the Corporation and general and active management of the financial affairs of the Corporation. The Chief Executive Officer also shall have such powers and perform such duties as are specifically imposed on him or (b)her by law and as may be assigned to him or her by the Board of Directors.

Appears in 1 contract

Samples: Business Combination Agreement (Adtran Inc)

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