Powers of Manager. The Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters, to execute any contracts or other instruments on behalf of the Company, and to perform any and all other acts or activities customary or incidental to the management of the Company’s business.
Powers of Manager. The Manager shall, subject in all instances to any express limitations contained in this Section 14, have all of the rights and powers which may be possessed by a “Manager” under the Act and such rights and powers as are necessary, convenient or incidental to or for the furtherance of the purposes described herein. The Manager, acting alone, has the authority to bind the Company within the meaning of Section 18-402 of the Act. Without limiting the foregoing, the Manager shall have the power to enter into, execute and deliver agreements, notes, deeds, deeds of trust, security agreements, assignments, pledges, bills of sale, leases, ground leases, documents, instruments, certificates, consents, estoppel certificates, subordination agreements, contracts and escrow arrangements, and to give amendments, receipts, modifications, releases and terminations thereof, on behalf of the Company.
Powers of Manager. The Manager’s discretion and authority are subject to the limitations imposed by law and by the Manager’s Certificate of Incorporation. Subject to the foregoing and to other limitations imposed by this Agreement, the Manager shall have full, complete and exclusive discretion to manage and control the business and affairs of the Company and make all decisions affecting the business and assets of the Company. Without limiting the generality of the foregoing (but subject to the restrictions specifically contained in this Agreement), the Manager shall have the power and authority to take the following actions on its own behalf in its capacity as Manager or on behalf of the Company:
Powers of Manager. Except as expressly provided otherwise in the Act, the Articles or this Operating Agreement, the powers of the Company shall be exercised by or under the authority of, and the business and affairs of the Company shall be managed by, one or more Managers. The powers so exercised shall include but not be limited to the following:
Powers of Manager. Except as set forth in Section 2.3 below or as otherwise provided for in this Agreement, the Manager shall have full power (in addition to the powers given to the Manager by law or by the other provisions of this Agreement), in its sole discretion, to take any action that it considers necessary or desirable in connection with the management of the Company and the operation of the Company’s business. The powers of the Manager include the power to execute and deliver on behalf of the Company all such documents and agreements as it determines appropriate (including, but not limited to, documents and agreements relating to the voting of, consent, waiver or amendment with respect to, or sale, exchange, or other disposition of any Securities or other assets owned by the Company), and no other signature shall be required on behalf of the Company. The Manager may appoint officers of the Company, and may engage consultants and advisors (including accountants and attorneys), as it determines necessary or desirable in connection with the management of the Company and the operation of its business including all matters relating to any of the Securities. Any officers of the Company need not be Members of the Company, shall have the powers and duties delegated to them by the Manager, and shall serve as officers of the Company at the pleasure of the Manager.
Powers of Manager. Except for situations in which the approval, consent or any other action of the Members is expressly required or permitted by this Agreement or by the Act, including without limitation those matters set forth in Section 10.2 requiring the consent of the RTI Member, the Manager shall have complete authority and responsibility for the management and control of the Business of the Company, including all day-to-day operations of the Business of the Company.
Powers of Manager. Except as otherwise expressly stated in this Agreement, the Manager shall have exclusive control over the business of the Company, including the power to assign duties, to sign deeds, notes, deeds of trust, contracts, instruments and agreements and to assume direction of the business operations. The Manager shall have all rights, power and authority generally conferred by law or necessary, advisable or consistent with accomplishing the Company purpose, including all of the powers described in Corporations Code Section 17003. Without limiting the generality of the foregoing, such powers include the right:
Powers of Manager. Without limiting the generality of Section 5.1 above but subject to Section 5.3 below and the express limitations elsewhere in this Agreement, the Manager shall have all necessary powers to manage and carry out the LLC’s purposes, business, property and affairs, including the power to exercise on behalf and in the name of the LLC all powers permitted by applicable law and the following:
Powers of Manager. Except as set forth in this Agreement, the Manager shall have power and authority, on behalf of the Company itself and on behalf of the Subsidiaries, to (a) purchase, lease or otherwise acquire from, or sell, lease or otherwise dispose of, to any Person any property, (b) form Subsidiaries, (c) open bank accounts and otherwise invest funds, (d) incur or guarantee indebtedness, (e) authorize a Member to guarantee indebtedness of the Company or any of the Subsidiaries in an amount or amounts in the aggregate not to exceed $10,200,000 for any Member, (f) issue additional Membership Units, (g) purchase insurance on the business and assets of the Company, (h) commence lawsuits and other proceedings, (i) enter into any agreement, instrument or other writing, (j) retain accountants, attorneys or other agents, and (k) take any other lawful action that the Manager considers necessary, convenient or advisable in connection with the business of the Company. The Manager shall have the power to cause the Company to enter into contracts with Affiliates of the Company or the Manager in respect of property, services, or credit in the ordinary course of business, but only if the monetary or business consideration arising therefrom would be comparable and substantially as advantageous to the Company as in a comparable transaction with a Person not an Affiliate.
Powers of Manager. Subject to the rights of Members expressly provided herein (including in Section 5.2), the Manager shall have the exclusive right and power to manage and control the business and affairs of the Company and to direct the exercise of all of the powers of the Company under the Act and this Agreement and the performance of all lawful acts of the Company which are not specified by this Agreement or required by a nonwaivable provision the Act to be exercised or performed exclusively by or with the approval of any Member or Members. Except as expressly provided otherwise in this Agreement or as required by a nonwaiveable provision of the Act, the Manager shall have sole and exclusive power to approve or consent to all matters that require the approval or consent of the members of the Company (so that the approval of the Manager will constitute all required member approval) and no Member will have any right to vote on such matter and such acts shall be subject only to the approval of the Manager. Except as expressly provided otherwise in this Agreement, wherever the Act requires that any action be taken with the unanimous consent or approval of the members of the Company, that shall mean, rather than the consent or approval of all Members, the consent or approval of the Manager. To the extent that, notwithstanding any provision of this Agreement, any nonwaiveable provision of the Act requires that any action be taken with the consent or approval of any Member or Members, that shall mean, in addition to the consent or approval of such Member or Members, the consent or approval of the Manager. The Company shall be bound only by the signature of the Manager or one or more agents duly authorized by the Manager.
