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

Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage the assets of the Company and the 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. 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, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 16 contracts

Samples: Management Agreement (ZAIS Financial Corp.), Form of Management Agreement (Apollo Residential Mortgage, Inc.), Management Agreement (Apollo Commercial Real Estate Finance, Inc.)

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Appointment and Duties of the Manager. (a) The Company and each of the its Subsidiaries hereby appoints appoint the Manager to (i) manage the assets Investments and day-to-day operations of the Company and the each of its Subsidiaries subject to the further terms and conditions set forth in this Agreement and the Agreement. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. 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, pursuant to in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 5 contracts

Samples: Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.)

Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage the assets and day-to-day operations of the Company and the its 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. 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, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 3 contracts

Samples: Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC), Management and Advisory Agreement (FTAI Infrastructure Inc.), Management and Advisory Agreement (Fortress Transportation & Infrastructure Investors LLC)

Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage the assets investments and day-to-day operations of the Company and the 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. The Manager hereby agrees to use its commercially reasonable efforts to perform each of the duties set forth herein. 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, pursuant to in its sole and absolute discretion, in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder as set forth herein to be provided by third parties.

Appears in 2 contracts

Samples: Form of Management Agreement (Western Asset Mortgage Capital Corp), Management Agreement (Western Asset Mortgage Capital Corp)

Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage the assets Assets and the day-to-day operations of the Company and the 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. 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, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 2 contracts

Samples: Management Agreement (Silver Bay Realty Trust Corp.), Management Agreement (Silver Bay Realty Trust Corp.)

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Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage implement the assets of investment strategy set forth in, and subject to the Company and conditions of, the Subsidiaries Guidelines, subject to the further 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. 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, pursuant to in accordance with the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 1 contract

Samples: Interim Management Agreement (Sunset Financial Resources Inc)

Appointment and Duties of the Manager. (a) The Company and each of the Subsidiaries hereby appoints the Manager to manage the assets Assets of the Company and the 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. 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, pursuant to the terms of this Agreement, to cause the duties of the Manager hereunder to be provided by third parties.

Appears in 1 contract

Samples: Form of Management Agreement (Provident Mortgage Capital Associates, Inc.)

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