By the Management Company Clause Samples
The "By the Management Company" clause defines the rights or obligations that the management company holds within the agreement. Typically, this clause outlines specific actions the management company is authorized to take, such as making decisions, managing assets, or enforcing certain terms on behalf of the parties involved. For example, it may specify the management company's authority to terminate the agreement under certain conditions or to implement operational changes. The core function of this clause is to clearly delineate the powers and responsibilities of the management company, ensuring all parties understand the scope of its authority and reducing the risk of disputes over decision-making.
By the Management Company. This Agreement and the obligations created hereunder may not be assigned by the Management Company, and any such purported assignment shall be null and void ab initio.
By the Management Company. Without limitation as to the other rights of the AF-CH-HH Group, the Management Company shall indemnify, defend, and hold harmless the AF-CH-HH Group and its shareholders, directors, officers, partners, members, officers, managers, agents, affiliates, representatives and employees, and the personal representatives, heirs, successors and/or assigns, as applicable, of such persons, against and from all liability, demands, claims, actions or causes of action, assessments, losses, penalties costs, damages or expenses sustained or incurred by any of the foregoing persons as a result of or arising out of or by virtue of any misrepresentation or breach of any representation, warranty, covenant or agreement of the Management Company set forth herein.
By the Management Company. Management Company agrees that it shall indemnify and hold School harmless from and against all claims, liabilities, damages, losses, costs and expenses (including attorneys’ fees and costs) of whatsoever nature or kind arising out of, caused by, resulting from or in any way connected with: (i) any material breach of this Agreement by Management Company, its employees, agents, contractors or subcontractors, or (ii) any negligent or intentional act or omission committed by Management Company, its employees, agents, contractors, or subcontractors, in performance of its obligations hereunder. The indemnification obligations of Management Company hereunder may be achieved by the purchase of appropriate insurance policies.
By the Management Company. The Management Company represents to the Company as follows:
(i) This Agreement has been duly authorized, executed and delivered by the Management Company;
(ii) The execution and delivery by the Management Company of, and the performance by the Management Company of its obligations under, this Agreement will not contravene any provision of applicable law or the limited liability company agreement of the Management Company or any agreement or other instrument binding upon the Management Company that is material to the Management Company, or any judgment, order or decree of any governmental body, agency or court having jurisdiction over the Management Company, and no consent, approval, authorization or order of, or qualification with, any governmental body or agency is required for the performance by the Management Company of its obligations under this Agreement; and
(iii) The Management Company has no reason to believe that any of the co-investors, partners and/or members of the Fox ▇▇▇▇▇ Funds will not be able to fully meet their obligations on a timely basis pursuant to the Capital Demand Notice.