Management by the Board of Directors. Except for cases in which the approval of the Members is expressly required under this Agreement or by non-waivable provisions of applicable Law, the powers, business and affairs of the Company and its Subsidiaries, including managing the business and affairs of the Partnership as the general partner thereof and each of the Partnership’s Subsidiaries and making any determination required to be made pursuant to the Partnership Agreement, shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed and controlled by, a board of directors of the Company (the “Board”).
Management by the Board of Directors. (i) The management, policies and control of the Fund shall be vested exclusively in the Board; provided, however, that the Board may delegate its rights and powers to third parties, including the Managing Members, as it may determine.
Management by the Board of Directors. Subject to the terms hereof and except as the Manager and/or the other officers are permitted hereby, the business, property and affairs of the Company shall be managed and all powers of the Company shall be exercised by or under the direction of a board of directors (the “Board of Directors” or the “Board”). The members of the Board of Directors as of the date hereof shall be those Persons set forth on Exhibit B hereto. Each member of the Board of Directors is referred to herein as a “Director.”
Management by the Board of Directors. Subject to the Business Plan and the terms of this Agreement, the business and affairs of the Company shall be managed and controlled by, or under the direction of, a Board of Directors (the “Board of Directors,” and each director on the Board of Directors is referred to individually as a “Director” and collectively as the “Directors”), which may exercise all such powers of the Company and do all such lawful acts and things as are not, by Law or by this Agreement, directed or required to be exercised or done by a Member or the Members.
Management by the Board of Directors. Subject to such matters which are expressly reserved hereunder or under the Act to the Members for decision, the business and affairs of the Company and each Series shall be managed by or under the direction of a Board of Directors (the “Board”), which shall be responsible for policy setting, approving the overall direction of the Company and making all decisions affecting the business and affairs of the Company and each Series. It is the intent of the parties hereto that each director (“Director”) of the Company shall be deemed to be a “manager” of the Company (as defined in Section 18-101(10) of the Act) for all purposes under the Act.
Management by the Board of Directors. The powers, business and affairs of the Company and its Subsidiaries, including, without limitation, the powers, business and affairs of the Company that relate to management and Control of any of its Subsidiaries or the Partnership Group Companies, shall be exercised by or under the authority or direction of a board of directors (the “Board of Directors” or the “Board”), except for cases in which the approval of the Members is expressly required by non-waivable provisions of applicable law, including the Delaware Act, or in accordance with the express provisions of this Agreement. The Company shall cause the Partnership Group Companies to comply with contracts and agreements to which they are a party.
Management by the Board of Directors. (a) Except as otherwise specifically set forth in this Agreement, the management, operation policy and investment decisions of Group and the conduct of Group’s business shall be vested exclusively in a Board of Directors (the “Board”), which shall have the power, on behalf and in the name of Group, to carry out any and all of the purposes of Group and to perform all acts and enter into and perform all contracts and other undertakings which the Board may deem necessary or advisable or incidental thereto without approval or consent of the Members. Without limiting the foregoing, except as otherwise specified in this Agreement, the Board is hereby authorized and empowered for and on behalf of Group without approval or consent of the Members:
Management by the Board of Directors. (a) Except as otherwise specifically limited by law or this Agreement, the business and affairs of the Company shall be managed by or under the direction of a board of directors (the "Board") of the Company. Except as expressly authorized in writing by the Board or this Agreement, no Member or Director and no officer, employee, or agent of any Member, shall directly or indirectly act as agent of the Company for any purpose, engage in any transaction, make any commitment, enter into any contract or incur any obligation in the name of the Company or in any other way hold itself out as acting for or on behalf of the Company, and a Member shall be obligated to indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member or any officer, employee or agent of such Member. Any attempted action in contravention of the preceding sentence shall be null and void ab initio, and not binding upon the Company, unless ratified or authorized in writing by the Board. (b) The Board shall consist of one or more members, the number thereof to be determined from time to time by the Board. The initial Board shall consist of seven Directors. (c) The Board may delegate, in writing, such powers and authority to the officers of the Company as are appropriate to facilitate the operations and related business activities of the Company, consistent with the terms of this Agreement. The officers of the Company shall exercise such delegated powers and authority in a manner consistent with the policies adopted from time to time by the Board. The Board shall retain the right to revoke any delegation granted hereunder at any time and to reverse or overrule (if possible) any action taken by an officer of the Company pursuant to delegated authority. 7 <PAGE> 8 5.02.
Management by the Board of Directors. (a) Except as otherwise specifically limited by law or this Agreement, the business and affairs of the Company shall be managed by or under the direction of a board of directors (the "Board") of the Company. Except as expressly authorized in writing by the Board or this Agreement, no Member or Director and no officer, employee, or agent of any Member, shall directly or indirectly act as agent of the Company for any purpose, engage in any transaction, make any commitment, enter into any contract or incur any obligation in the name of the Company or in any other way hold itself out as acting for or on behalf of the Company, and a Member shall be obligated to indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member or any officer, employee or agent of such Member. Any attempted action in contravention of the preceding sentence shall be null and void ab initio, and not binding upon the Company, unless ratified or authorized in writing by the Board.
Management by the Board of Directors. The Members hereby unanimously agree that the responsibility for management and direction of the business and affairs of the LLC shall be delegated to a Board of Directors pursuant to the Tennessee LLC Act (the “Board of Directors”). No Member shall have any right to vote on any matter except as set forth in Sections 12.01(a) and 13.10(a) hereof.
