Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (i) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company or the Members; or (ii) in its “good faith” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 9 contracts
Samples: Limited Liability Company Operating Agreement (FEG Absolute Access Fund I LLC), Limited Liability Company Operating Agreement (FEG Directional Access TEI Fund LLC), Limited Liability Company Operating Agreement (FEG Directional Access Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: decision (i) in its “"sole discretion” " or “"discretion” " or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; , or (ii) in its “"good faith” " or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Ubs Pw Technology Partners LLC), Limited Liability Company Operating Agreement (Mount Yale Opportunity Fund, LLC), Liability Company Agreement (Db Absolute Return Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (i) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; or (ii) in its “good faith” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund LLC), Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Limited Liability Company Operating Agreement (Rochdale Alternative Total Return Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision: decision (i) in its “"sole discretion” " or “"discretion” " or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; , or (ii) in its “"good faith” " or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 3 contracts
Samples: Gam Avalon Multi-Global LLC, Gam Avalon Multi Us LLC, Gam Avalon Multi Market Neutral LLC
Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision: decision (i) in its “"sole discretion” " or “"discretion” " or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; Limited Partners, or (ii) in its “"good faith” " or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 3 contracts
Samples: Agreement (Gam Avalon Multi-Europe Lp), Gam Avalon Multi-Global Lp, Gam Avalon Multi Technology Lp
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (i) in its “"sole discretion” " or “"discretion” " or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Master Fund or the Members; or (ii) in its “"good faith” " or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Topiary Master Fund for Benefit Plan Investors (BPI) LLC
Discretion. To the fullest extent permitted by law, whenever except as provided elsewhere in this Agreement, whenever in this Agreement a person Person is permitted or required to make a decision: decision (i) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be Person is entitled to consider only such interests and factors as it desires, including its own interests, and shall have has no duty or obligation to give any consideration to any interest of or factors affecting the Company Partnership or the Members; Limited Partners, or (ii) in its “good faith” or under another express standard, then such person shall act Person acts under such express standard and shall is not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Greenlight Capital Re, Ltd.), Greenlight Capital Re, Ltd.
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (i) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company TEI Fund or the Members; or (ii) in its “good faith” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund TEI LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: decision (i) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; , or (ii) in its “good faith” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Curan Fund LLC)
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (i) in its “"sole discretion” " or “"discretion” " or under a grant of similar authority auth01ity or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; or (ii) in its “"good faith” " or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision: (ia) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company Fund or the Members; or (iib) in its “good faith” or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Rochdale High Yield Advances Fund LLC)
