Common use of General Authority and Power Clause in Contracts

General Authority and Power. The Manager shall have the sole discretion to make investments on behalf of the Company and each Series and to exercise the powers set forth in this Section. The Manager may appoint such agents of the Company or a Series as the Manager deems necessary to hold such offices, exercise such powers and perform such duties as shall be determined from time to time by the Manager. The Manager shall devote so much of its time and effort to the affairs of the Company and each Series as, in its judgment, may be necessary to accomplish the purposes of the Company or the applicable Series. Nothing herein contained shall prevent the Manager or any of its employees, members, officers or affiliates from conducting any Mammoth Private Capital, LLC other business, including any business with respect to securities, regardless of whether such business is in competition with the Company or any Series. Without limiting the generality of the foregoing, the Manager (including any of its members, officers and affiliates) may act as an investment adviser or investment manager for others, may manage funds or capital for others, may have, make and maintain investments in its own name or through other entities, and may serve as a consultant, partner or stockholder of one or more investment funds, partnerships, securities firms or advisory firms. The Manager shall allocate purchases and sales of such securities in a manner it deems fair and equitable to all clients, including the Company and each Series. None of the Company, any Series nor any Member shall have, as a consequence of having entered into this Agreement, any interest in any such business engaged in by the Manager or its respective members, officers or affiliates.

Appears in 5 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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General Authority and Power. The Manager shall have the sole discretion to make investments on behalf of the Company and each Series and to exercise the powers set forth in this Section. The Manager may appoint such agents of the Company or a Series as the Manager deems necessary to hold such offices, exercise such powers and perform such duties as shall be determined from time to time by the Manager. The Manager shall devote so much of its time and effort to the affairs of the Company and each Series as, in its judgment, may be necessary to accomplish the purposes of the Company or the applicable Series. Nothing herein contained shall prevent the Manager or any of its employees, members, officers or affiliates from conducting any Mammoth Private Capital, LLC other business, including any business with respect to securities, regardless of whether such business is in competition with the Company or any Series. Without limiting the generality of the foregoing, the Manager (including any of its members, officers and affiliates) may act as an investment adviser or investment manager for others, may manage funds or capital for others, may have, make and maintain investments in its own name or through other entities, and may serve as a consultant, partner or stockholder of one or more investment funds, partnerships, securities firms or advisory firms. The Manager shall allocate purchases and sales of such securities in a manner it deems fair and equitable to all clients, including the Company and each Series. None of the Company, any Series nor any Member shall have, as a consequence of having entered into this Agreement, any interest in any such business engaged in by the Manager or its respective members, officers or affiliates.

Appears in 1 contract

Samples: Operating Agreement

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