Common use of Fiduciary Duty Clause in Contracts

Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company funds or assets in any manner except for the exclusive benefit of the Company.

Appears in 8 contracts

Samples: Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC), Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC), Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC)

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Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanyLLC, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company LLC funds or assets in any manner except for the exclusive benefit of the CompanyLLC.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

Fiduciary Duty. The It is acknowledged that the Manager shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's ’s immediate possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the The Manager shall not employ, or permit another to employ Company employ, such funds or assets in any manner except for the exclusive benefit of the Company. The Manager shall not, by entry into an agreement with any member of the Company or otherwise, contract away the fiduciary obligation owed to the Company and the members of the Company under common law.

Appears in 3 contracts

Samples: Management Agreement (CNL Strategic Capital, LLC), Management Agreement (CNL Strategic Capital, LLC), Management Agreement (CNL Strategic Capital, LLC)

Fiduciary Duty. The Manager shall have the fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company funds or assets in any manner except for the exclusive benefit of the Company.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC), Limited Liability Company Operating Agreement (PFG Fund V, LLC)

Fiduciary Duty. The Manager shall have the fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanyLLC, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company LLC funds or assets in any manner except for the exclusive benefit of the CompanyLLC.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Cf Fund Ii, LLC), Limited Liability Company Operating Agreement (Cf Fund Ii, LLC), Limited Liability Company Operating Agreement (Cf Fund Ii, LLC)

Fiduciary Duty. The Manager Manager(s) shall have a fiduciary responsibility for the safekeeping and use of all funds any Company funds, property and assets of the Companyassets, whether or not in the Manager's possession his, her or control. Except as expressly permitted herein, or by subsequent approval of the Membersits immediate possession, the Manager Manager(s) shall not employ, employ or permit another to employ Company funds use any of the Company's funds, property or assets in any manner except for the exclusive benefit of the Company. In fulfilling his, her or its fiduciary duty, the Manager(s) shall exercise his, he" or its business judgment in a manner that is reasonably consistent with that which would be applied bv a reasonable Person under similar circumstances.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

Fiduciary Duty. The Manager shall have the fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanyLLC, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company LLC funds or assets in any manner except for the exclusive benefit of the Company.LLC. LIMITED LIABILITY COMPANY OPERATING AGREEMENT CF FUND II, LLC

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Cf Fund Ii, LLC), Limited Liability Company Operating Agreement (Cf Fund Ii, LLC)

Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, and the Manager shall not employ, or permit another to employ Company such funds or assets in any manner except for the exclusive benefit of the Company.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (PFG Fund III, LLC)

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Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanyCompany and each Series, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, herein or by subsequent approval of the Members, the Manager shall not employ, employ or permit another to employ Company and Series funds or assets in any manner manner, except for the exclusive benefit of the CompanyCompany or the Series.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Concreit Series LLC), Limited Liability Company Operating Agreement (Concreit Series LLC)

Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanySeries, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company Series funds or assets in any manner except for the exclusive benefit of the CompanySeries.

Appears in 1 contract

Samples: Operating Agreement

Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the CompanyLLC, whether or not in the Manager's possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company LLC funds or assets in any manner except for the exclusive benefit of the CompanyLLC.

Appears in 1 contract

Samples: Operating Agreement (Sachem Capital Corp.)

Fiduciary Duty. The It is acknowledged that the Manager shall have a fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's immediate possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the The Manager shall not employ, or permit another to employ Company employ, such funds or assets in any manner except for the exclusive benefit of the Company. The Manager shall not, by entry into an agreement with any member of the Company or otherwise, contract away the fiduciary obligation owed to the Company and the members of the Company under common law.

Appears in 1 contract

Samples: Management Agreement (CNL Strategic Capital, LLC)

Fiduciary Duty. The Manager shall have fiduciary responsibility for the safekeeping and use of all funds and assets of the Company, whether or not in the Manager's ’s possession or control. Except as expressly permitted herein, or by subsequent approval of the Members, the Manager shall not employ, or permit another to employ Company funds or assets in any manner except for the exclusive benefit of the Company.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Circle of Wealth Fund III LLC)

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