Common use of Appointment and Duties of the Manager Clause in Contracts

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoint the Manager to manage the assets and the day-to-day operations of the Company, Operating Company and the other Subsidiaries subject to the terms and conditions set forth in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified in this Agreement, in which case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The CompanyCompany hereby appoints the Manager, Operating Company and each of the other Subsidiaries hereby appoint the Manager as agent, to manage the assets investments and the day-to-day operations business and affairs of the Company, Operating Company and the other Subsidiaries its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement and to the supervision of the Board. Except as otherwise provided in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified provided that the Company reimburses the Manager for costs and expenses in this Agreement, in which case such higher standard of care shall applyaccordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided by third partiesparties and/or its Affiliates.

Appointment and Duties of the Manager. (a) The Company, Operating Company the TRS and each of the other Subsidiaries hereby appoint the Manager to manage the assets and the day-to-day operations of the Company, Operating Company the TRS and the other Subsidiaries subject to the terms and conditions set forth in this Agreement, Agreement and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, herein except where a higher standard of care is specified in this Agreement, in which case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries Subsidiary that becomes a party to this Agreement each hereby appoint appoints the Manager to manage the assets and the day-to-day operations Assets of the Company, Operating Company and the other Subsidiaries each Subsidiary that becomes a party to this Agreement subject to the further terms and conditions set forth in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. Unless otherwise provided, except where a higher standard the appointment gives the Manager discretionary authority over the Assets and in the performance of care is specified in this Agreementthe Portfolio Management Services, in which case such higher standard of care shall applyas defined below. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoint appoints the Manager to manage the assets and the day-to-day operations business and affairs of the Company, Operating Company and the other Subsidiaries its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement, to the directions of the Executive Committee and to the supervision of the Board. Except as otherwise provided in this Agreement, the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified provided that the Company reimburses the Manager for costs and expenses in this Agreement, in which case such higher standard of care shall applyaccordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided by third partiesparties and/or its Affiliates.

Appointment and Duties of the Manager. (a) The Company, Operating Company and the Operating Partnership (in each case, on its own behalf and on behalf of the other Subsidiaries its Subsidiaries) hereby appoint the Manager to manage the assets Assets and the day-to-day operations of the Company, Operating Company and the other Subsidiaries Entities subject to the further terms and conditions set forth in this Agreement, and the Manager hereby agrees to use its commercially reasonable best efforts to perform each of the duties set forth herein, herein except where a higher standard of care is specified in this Agreement, in which case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries Service Recipients hereby appoint the Manager to manage the assets implement their business strategy and the day-to-day operations of the Companyprovide executive and management services, Operating Company and the other Subsidiaries subject at all times to the terms and conditions set forth in this AgreementAgreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, the relevant Governing Body. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified provided that funds are made available by the Service Recipients for such purposes as set forth in this Agreement, in which case such higher standard of care shall applySection 7. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoint appoints the Manager to manage the assets Investments and provide the day-to-day operations of the CompanyOrigination Services, Operating Company and the other Subsidiaries subject to the further terms and conditions set forth in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. Unless otherwise provided, except where a higher standard the appointment gives the Manager discretionary authority over the Investments and in the performance of care is specified in this Agreementthe Portfolio Management Services, in which case such higher standard of care shall applythe Monitoring Services and the Origination Services, each as defined below. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties. Whenever in this Agreement the approval of the Company is required, such approval shall be obtained through the affirmative action of the Board of Directors.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries Subsidiary that becomes a party to this Agreement each hereby appoint the Manager to manage the assets and the day-to-day operations of the Company, Operating Company and the other Subsidiaries Assets subject to the terms and conditions set forth in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. Unless otherwise provided, except where a higher standard this appointment gives the Manager discretionary authority over the Assets and in the performance of care is specified in this Agreementthe Portfolio Management Services, in which case such higher standard of care shall applyas defined below. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoint appoints the Manager to manage the assets and the day-to-day operations of the Company, Operating Company and the other Subsidiaries its Subsidiaries, subject at all times to the supervision and direction of the Board of Directors, the further terms and conditions set forth in this Agreement, Agreement and such further limitations or parameters as may be imposed from time to time by the Board of Directors. The Manager hereby accepts such appointment and agrees to use its commercially reasonable efforts to perform each of the its duties set forth herein, except where a higher standard of care is specified herein in this Agreement, in which case such higher standard of care shall applyaccordance with the terms hereof. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided performed by third parties.

Appointment and Duties of the Manager. (a) The Company, Operating Company and each of the other Subsidiaries hereby appoint appoints the Manager to manage the assets assets, investments and the day-to-day operations of the Company, Operating Company and the other Subsidiaries subject at all times to the further terms and conditions set forth in this AgreementAgreement and to the supervision of, and such further limitations or parameters as may be imposed from time to time by, the Board of Directors. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified in this Agreement, in which case such higher standard of care shall apply. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agrees, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appointment and Duties of the Manager. (a) The CompanyCompany hereby appoints the Manager, Operating Company and each of the other Subsidiaries hereby appoint the Manager as agent, to manage the assets investments and the day-to-day operations business and affairs of the Company, Operating Company and the other Subsidiaries its Subsidiaries, subject at all times to the further terms and conditions set forth in this Agreement (including the Investment Guidelines) and to the supervision of the Board. Except as otherwise provided in this Agreement, and the Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein, except where a higher standard of care is specified provided that the Company reimburses the Manager for costs and expenses in this Agreement, in which case such higher standard of care shall applyaccordance with Section 7 hereof. The appointment of the Manager shall be exclusive to the Manager except to the extent that the Manager otherwise agreesManager, in its sole and absolute discretion, and except to the extent that the Manager elects, in accordance with its sole and absolute discretion, subject to the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided by third partiesparties and/or its Affiliates.