Common use of Manager Powers Clause in Contracts

Manager Powers. The Member holding the largest percentage of the Membership Interests of the Company at any given time shall be referred to as “manager” of the Company within the meaning of the Act (the “Manager”). Subject to the limitations of this Agreement and the Act, all aspects of the business and affairs of the Company shall be managed, and all decisions affecting the business and affairs of the Company shall be made by the Manager, acting alone. In addition to the specific rights and powers granted herein, the Manager shall possess, enjoy, and may exercise all of the rights and powers of managers as more particularly provided in the Act, so long as such rights and powers do not conflict with the rights, powers or obligations set forth in this Agreement. All agreements, contracts, and any and all other documents and instruments affecting or relating to the business and affairs of the Company shall be executed on behalf of the Company by the Manager acting alone and without execution of any Member.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Horizon Health Corp /De/)