Common use of Management by Manager At Direction of Member Clause in Contracts

Management by Manager At Direction of Member. The Company shall have three (3) managers who shall serve until such time as replaced by the Member. Subject always to the provisions of this Article III, including, without limitation, the express provisions of Section 3.5 below, the Managers shall exercise such powers as are granted under the Act to a Manager solely and only at the express direction of the Member, as the Member shall request or direct in writing. Although the Managers shall have those powers granted to a “manager” under the Act, those powers shall only be exercised as provided in the preceding sentence. Any exercise by the Managers of any power or authority granted to a “manager” under the Act other than as the Member shall direct or request in writing shall be a breach of this Agreement by the Manager. The Managers shall have the power to execute and deliver all legal instruments, documents and agreements for and on behalf of the Company, and to cause the Company to take such other acts as are permitted by law, but all such actions by the Managers shall be solely and exclusively as the agent for the Company and at the direction of the Member as provided above.

Appears in 3 contracts

Samples: Operating Agreement (EnergySolutions Midwest, LLC), Operating Agreement (EnergySolutions Midwest, LLC), Operating Agreement (EnergySolutions Midwest, LLC)

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Management by Manager At Direction of Member. The Company shall have three (3) managers who shall serve until such time as replaced by the Member. Subject always to the provisions of this Article III, including, without limitation, the express provisions of Section 3.5 below, the The Managers shall exercise such powers as are granted under the Act to a Manager solely and only at the express direction of the Member, as the Member shall request or direct in writing. Although the Managers shall have those powers granted to a “manager” under the Act, those powers shall only be exercised as provided in the preceding sentence. Any exercise by the Managers of any power or authority granted to a “manager” under the Act other than as the Member shall direct or request in writing shall be a breach of this Agreement by the Manager. The Managers shall have the power to execute and deliver all legal instruments, documents and agreements for and on behalf of the Company, and to cause the Company to take such other acts as are permitted by law, but all such actions by the Managers shall be solely and exclusively as the agent for the Company and at the direction of the Member as provided above.

Appears in 1 contract

Samples: Limited Liability Company Agreement (EnergySolutions Midwest, LLC)

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