Duties. The Advisor may, in its discretion, appoint the Sub-Advisor to perform one or more of the following services with respect to all or a portion of the investments of the Portfolio. The services and the portion of the investments of the Portfolio to be advised or managed by the Sub-Advisor shall be as agreed upon from time to time by the Advisor and the Sub-Advisor. The Sub-Advisor shall pay the salaries and fees of all personnel of the Sub-Advisor performing services for the Portfolio relating to research, statistical and investment activities.
Duties. The Employee shall be employed as Chief Financial Officer, Vice President and Treasurer of the Company and shall faithfully and competently perform such duties consistent with such position as the Board of Directors of the Company shall from time to time determine. The Employee shall perform his duties principally at the offices of the Company in Irving, Texas, with such travel to such other locations from time to time as the Board of Directors may reasonably prescribe. Except as may otherwise be approved in advance by the Board of Directors of the Company, and except during vacation periods and reasonable periods of absence due to sickness, personal injury or other disability or non-profit public service activities, the Employee shall devote his full time throughout the Employment Term to the services required of him hereunder. The Employee shall render his business services exclusively to the Company and its present and future subsidiaries (collectively, the "FIRSTPLUS Companies") during the Employment Term and shall use his best efforts, judgment and energy to improve and advance the business and interests of the FIRSTPLUS Companies in a manner consistent with the duties of his position.
Duties. Executive shall perform such duties as are usually performed by a Senior Vice President of Technology of a business similar in size and scope as the Company and such other reasonable additional duties as may be prescribed from time-to-time by the Company's board of directors which are reasonable and consistent with the Company's operations, taking into account Executive's expertise and job responsibilities. This agreement shall survive any job title or responsibility change agreed to by Executive. Executive shall report directly to the Chief Executive Officer of the Company regarding implementation of all business matters. All actions of Executive shall be subject and subordinate to the review and approval of the board of directors. No other person or group shall be given authority to supervise or direct Executive in the performance of his duties. The board of directors shall be the final and exclusive arbiter of all policy decisions relative to the Company's business.
Duties. During the term, the Executive shall serve as President and Chief Executive Officer of the Company, with such responsibilities as shall be specified from time to time by the Board of Directors of the Company, and subject at all times to the by-laws of the Company and the right of the Board of Directors and stockholders of the Company to determine the officers and directors of the Company, respectively. The Executive shall, during the Term, serve the Company on a full-time basis, faithfully, diligently, and competently and to the best of his ability, and will hold, in addition to the offices set forth above, such other offices in the Company and its subsidiaries and affiliates, if any, to which he may be elected, appointed or assigned by the Board of Directors from time to time, and will discharge such duties in connection therewith as may from time to time be assigned to him.
Duties. During the Term of Employment, the Employee shall serve as the Company’s Executive Vice President and General Counsel, and shall perform such duties, functions and responsibilities as are customarily associated with and incident to the positions of Executive Vice President and General Counsel and as the Company may, from time to time, require of her, including, but not limited to, the performance of such functions and duties for the Company’s subsidiaries or affiliates (the Company and the foregoing entities being referred to herein collectively as the “Avatar Entities” and each as an “Avatar Entity”), subject to the direction of the Company’s Board of Directors. The Employee shall serve the Company faithfully, conscientiously and to the best of the Employee’s ability and shall promote the interests and reputation of the Company. Except as expressly provided herein, unless prevented by sickness or disability, the Employee shall devote all of her time, attention, knowledge, energy and skills, during normal working hours, and at such other times as the Employee’s duties may reasonably require, to the duties of the Employee’s employment. The principal place of employment of the Employee shall be the principal executive offices of the Company and/or such other location within fifty (50) miles of Company’s current principal place of business as shall be necessary for the Employee to discharge the Employee’s duties hereunder. The Employee acknowledges that in the course of employment the Employee may be required, from time to time, to travel on behalf of the Company. Notwithstanding the foregoing, the Employee shall be permitted to assist Duane Morris LLP on any transition matters relating to the Employee’s current files and clients so long as such assistance does not adversely affect the Employee’s performance of her duties and so long as the Employee receives no compensation for such assistance; provided, however, that nothing in this Agreement shall prohibit or in any way limit the Employee from receiving compensation from Duane Morris LLP for services performed by the Employee on or prior to December 31, 2006.
Duties. During the term of this Agreement, whether initial or extended, the Executive shall render to the Company services as Chief Executive Officer and shall perform such duties as may be designated by and subject to the supervision of the Company's Board of Directors, and shall serve in such additional capacities appropriate to his responsibilities and skills as shall be designated by the Company, through action of its Board of Directors. During such period, the Executive shall devote his full attention, time and energies to the business affairs of the Company (subject to the terms of Section 4 below), and will use his best efforts to promote the interests and reputation of the Company; provided that he may pursue such non-competitive activities during weekdays and on weekends, such as teaching, entertaining, consulting or other remunerative or non-remunerative affairs, as do not interfere, to any degree, with the complete performance of his obligations hereunder. Any question of interpretation which may arise under the preceding provision shall be resolved by majority decision of the Company's Board of Directors. Hours of service to the Company during the term of this Agreement shall be a minimum of forty (40) per week and otherwise as determined by the Company's Board of Directors. During the pendency of this Agreement, without his written consent, the Company shall not remove the Executive's permanent place of business from St. Louis county in the state of Missouri.
Duties. As of the Effective Date, the Executive shall serve the Company as its President and Chief Operating Officer to serve in such capacity or other capacities consistent therewith as designated by the Board of Directors of the Company (the “Company Board”) and the Board of Directors of Beacon (the “Beacon Board” and, together with the Company Board, the “Boards”) or the Chief Executive Officer (“CEO”) and shall have responsibility for, among other things, the Company’s merchandising and membership/marketing functions and store operations. During the Term, the Executive shall serve the Company faithfully, diligently and to the best of his ability and shall devote substantially all of his business time, energy and skill to the affairs of the Company as necessary to perform the duties of his position, and he shall not assume a position in any other business without the express written permission of the Beacon Board; provided that the Executive may upon disclosure to the Beacon Board (i) serve as a member of not more than one for-profit board of directors so long as the Executive receives prior written permission from the Beacon Board (such permission not to be unreasonably withheld); (ii) serve in any capacity with charitable or not-for-profit enterprises so long as there is no material interference with the Executive’s duties to the Company and (iii) make passive investments where the Executive is not obligated or required to, and shall not in fact, devote any managerial efforts. The Company shall have the right to limit the Executive’s participation in any of the foregoing endeavors if the Beacon Board believes, in its sole and exclusive discretion, that the time being spent on such activities infringes upon, or is incompatible with, the Executive’s ability to perform the duties under this Agreement. On the date hereof, the Executive serves as chairman of the board of directors of Morristown Medical Center and as a member of the board of directors of Harlem Lacrosse and Leadership, both non-profit organizations, which continued service the Beacon Board hereby approves so long as there is no material interference with the Executive’s duties to the Company. In addition, as of the Effective Date, the Executive will be appointed or elected to the Boards and, during the Term, shall serve as a member of each of the Boards.
Duties. During the Term of Employment, the Employee (a) shall serve as an employee of the Company with the title of Corporate Executive Vice President, reporting to the Chief Executive Officer of the Company, and shall perform such duties and have such responsibilities and shall have such additional or alternative duties as may be reasonably determined by the Chief Executive Officer of the Company, consistent with the general area of the Employee's experience and skills; (b) upon the request of the Chief Executive Officer of the Company, shall serve as an officer and/or director of the Company's subsidiaries; and (c) shall render all services reasonably incident to the foregoing. The Employee hereby accepts such employment, agrees to serve the Company in the capacities indicated, and agrees to use his best efforts in, and shall devote his full working time, attention, skill and energies to, the advancement of the interests of the Company and its subsidiaries and the performance of his duties and responsibilities hereunder.
Duties. The Executive will have such authority and responsibilities and will perform such executive duties customarily performed by a similarly titled executive, of a company in similar lines of business as the Company, its subsidiaries and its affiliates or as may be assigned to Executive by the Chief Executive Officer of the Company (the “CEO”). The Executive will devote all his full working-time and best efforts to the performance of such duties and to the promotion of the business and interests of the Company, its subsidiaries and its affiliates. Notwithstanding the foregoing, during the Term, subject to disclosure to, and approval by, the Board of Directors of the Company (“Board”) or the CEO, Executive may (a) continue to serve on any boards of directors upon which Executive serves as of the Effective Date, and (b) serve on other corporate, industry, civic or charitable boards and committees, provided that with respect to (a) and (b), (x) such activities, in the Board’s or CEO’s discretion, do not materially interfere with and are not inconsistent with Executive’s performance of his duties under this Agreement and (y) any such entity does not engage in the Business (as defined below).
Duties. During the Term, the Executive shall devote the amount of his business time necessary and proper to conduct the business and affairs of the Company and IBP LLC, and the Executive shall use his best efforts to perform faithfully the duties and responsibilities contemplated by this Agreement; provided, however, that the Executive shall be allowed, to the extent such activities do not create a conflict of interest or substantially interfere with the performance of his duties and responsibilities hereunder, to (i) manage his personal and family, financial and legal affairs, (ii) participate in charitable, civic, educational, professional, community and industry affairs (including serving on boards or committees of such entities), (iii) serve on the boards of directors of the Salvation Army and the Columbus Museum of Art, and (iv) continue to engage in non-competitive operational activities for the Real Estate Business (as defined below). The parties hereby acknowledge that the Executive, in addition to the services he performs for the Company and IBP LLC, has historically operated a substantial real estate development business (the “Real Estate Business”) and, during the Term, it is expected that the Executive will continue to engage in the Real Estate Business in accordance with the terms and conditions of this Agreement. The parties hereby acknowledge and agree that, although Executive’s principal place of business will be the Company’s headquarters in Columbus, Ohio, the Executive shall be permitted to carry out his duties and responsibilities under this Agreement from any other location deemed appropriate by the Executive.