Participation by Members Sample Clauses

Participation by Members. No Investor Member shall participate in or interfere with the management of the Company or the operation of its business. The exercise by an Investor Member of any of his rights or powers granted in this Agreement shall not be deemed taking part in control of the business of the Company and shall not constitute a violation of this Section 6.4. No Investor Member shall have any power or authority to sign for or to bind the Company in any manner or for any purpose whatsoever. No Investor Member shall have priority over any other Member with respect to any rights or duties contained in this Agreement, unless expressly provided for in this Agreement.
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Participation by Members. 11 6.5 Other Activities of Managers or Members......................................12 6.6
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Participation by Members. No Member, as such, shall participate in the operations of the Company, and no Member shall have any right or power to sign for or to bind the Company in any manner or for any purpose whatsoever, or have any rights or powers with respect to the Company, except those expressly granted to such Member by the terms of this Agreement or those conferred upon such Member by law. No prior consent or approval of the Members shall be required in respect of any act or transaction to be taken by the Managing Member on behalf of or by the Company unless otherwise provided in this Agreement.
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Participation by Members. Each Member shall cooperate in good faith with the Company in accomplishing the Company’s activities. Each Member shall participate with the Company in good faith on any decision or proposal the Board makes with respect to the services to be provided by the Company. In addition, each Member agrees that the Company may obtain from time to time information about the Member’s Sales Volume, maintain that information in the Company’s records and provide that information to the Board to enable the Company to establish Percentage Interests, make adjustments contemplated in this Agreement (including with respect to classification of such Member and voting rights of such Member) and appropriately allocate Profits and Losses. All such information will be held subject to the confidentiality provisions of Section 16.12 and in accordance with the Data Sharing Agreements, as applicable.
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Participation by Members. Each Member shall cooperate in good faith with the Company in accomplishing the Company’s activities set forth in Section 3.3; provided that the foregoing obligation does not apply to a Member’s distribution of a product in the same product category as a “Company distributed product” (as defined in Section 12.8) to the extent the Member is permitted to distribute the product pursuant to the terms of Section 12.8. Each Member shall participate with the Company in good faith on any decision or proposal the Board makes with respect to the Procurement Policies or the production, marketing, sales or distribution of a product owned by or licensed to the Company; provided, however, that nothing contained in this Agreement shall require a Member to undertake any activity with respect to a product of the Distribution Division of the Company that such Member concludes, in its sole discretion, is not reasonably likely to be economically beneficial to the Member. If the Member chooses not to participate, the Company will have the right to produce, market, sell and distribute the product in the Member’s Territory and the provisions of Section 12.8 shall nonetheless be applicable. In addition, each Member agrees that the Company may obtain from The Coca-Cola Company or Members directly from time to time information about the Member’s product sales volume by percentage and Territory population, maintain that information in the Company’s records and provide that information to the Board to enable the Company to establish initial Percentage Interests, adjust voting privileges and appropriately allocate Profits and Losses. All such information will be held subject to the confidentiality provisions of Section 16.12, with the confidentiality obligation of the Company regarding information provided by The Coca-Cola Company about a Member running in favor of the Member involved.
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Related to Participation by Members

  • Participation by Holders Each holder of Registrable Securities hereby agrees with each other such holder that no such holder may participate in any underwritten offering hereunder unless such holder (i) agrees to sell such holder's Registrable Securities on the basis provided in any underwriting arrangements approved by the persons entitled hereunder to approve such arrangements and (ii) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements.

  • Participation by Telephone One or more of the Trustees or of any committee of the Trust may participate in a meeting thereof by means of a conference telephone or similar Communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation by such means shall constitute presence in person at a meeting except as otherwise provided by the Investment Company Act of 1940.

  • Participation by Warrantholder No adjustments shall be made pursuant to this Article 4 if the Registered Warrantholders are entitled to participate in any event described in this Article 4 on the same terms, mutatis mutandis, as if the Registered Warrantholders had exercised their Warrants prior to, or on the effective date or record date of, such event.

  • Termination of Participation If the Administrator determines in good faith that the Executive no longer qualifies as a member of a select group of management or highly compensated employees, as determined in accordance with ERISA, the Administrator shall have the right, in its sole discretion, to cease further benefit accruals hereunder.

  • Public Participation 79. This Consent Decree shall be lodged with the Court for a period of not less than 30 Days for public notice and comment in accordance with 28 C.F.R. ' 50.