Powers of the Members. No Member, acting solely in his, her or its capacity as a Member, shall act as an agent of the Company or have any authority to act for or to bind the Company.
Powers of the Members. Except as expressly provided in this Agreement, the Members shall take no part in the management of the business or transact any business for the Company and shall have no power to sign for or bind the Company solely in their capacity as Members; provided, however, that the Members shall have the approval and consent rights provided under the Act and this Agreement.
Powers of the Members. (a) The Company shall be managed by its Members. Subject to the other provisions of this Article and Article Six, each Member shall have the authority, on behalf of the Company, to do all things appropriate for the accomplishment of the purposes of the Company, including, (i) taking the actions described in Section 3.01; (ii) disbursing Company funds for Company purposes; (iii) investing and reinvesting Company funds; (iv) executing contracts, notes, mortgages and other agreements and instruments; (v) employing attorneys, accountants, Managers or other agents, which may include Affiliates of the Company; (vi) paying all Company obligations; (vii) performing all ministerial acts and duties relating to the payment of all indebtedness, taxes and assessments due or to become due with regard to any property of the Company; (viii) purchasing and maintaining insurance on behalf of the Company against any liability or expense asserted against or incurred by or on behalf of the Company; (ix) transacting the Company's business under an assumed name or name other than its name as set forth in the Certificate; (x) appointing any Member or other person as agent for service of process on the Company as required by the law of any jurisdiction in which the Company transacts business; (xi) commencing, prosecuting or defending any proceeding in the Company's name; and (xii) doing such other acts as may facilitate the Company's exercise of its powers; provided, however, that all such acts shall fall within the purposes of the Company as set forth in Section 3.01.
Powers of the Members. 7 Section 5.02. Limitations on Powers of Members................................8 Section 5.03. Self Dealing....................................................8 Section 5.04. Standard of Care; Liability.....................................8 Section 5.05. Compensation....................................................8 Section 5.06. Meetings of Members.............................................9 Section 5.07. Consent.........................................................9 Section 5.08. Independent Member..............................................9 Section 5.09. Managers........................................................9 ARTICLE SIX
Powers of the Members. (a) The Company shall be managed by the Members in proportion to their Membership Percentages. Each Member shall have the power to do all things appropriate to the accomplishment of the purposes of the Company, including (but not limited to): (1) entering into any and all agreements and executing contracts, notes, mortgages and other writings; (2) paying all Company obligations including construction cost expenditures and property management fees; (3) purchasing and maintaining insurance on behalf of the Company and its Members and employees or agents against any liability or expense asserted against or incurred by the Company or such persons; (4) transacting the Company's business under an assumed name or name other than its name as set forth in the Articles and
Powers of the Members. (a) The Company shall be managed by its Members. Subject to the other provisions of this Section 5 and Section 6, each Member shall have the authority, on behalf of the Company, to do all things appropriate to the accomplishment of the purposes of the Company, including (but not limited to): (1) acquiring and selling, assigning and transferring installment obligations, leases, retail installment sales contracts, inventory loans, promissory notes, security agreements and receivables, (2) disbursing Company funds for Company purposes; (3) investing and reinvesting Company funds; (4) executing contracts, notes, mortgages and other writings; (5) employing attorneys, accountants, managers or other agents, which may include Affiliates of the Company; (6) paying all Company obligations; (7) performing all ministerial acts and duties relating to the payment of all indebtedness, taxes and assessments due or to become due with regard to any property of the Company; (8) purchasing and maintaining insurance on behalf of the Company against any liability or expense asserted against or incurred by the Company; (9) transacting the Company's business under an assumed name or name other than its name as set forth in the Certificate of Formation and filing a certificate of assumed name in any applicable jurisdiction; (10) appointing any Member or other person as agent for service of process on the Company as required by the law of any state in which the Company transacts business; (11) commencing, prosecuting or defending any proceeding in the Company's name; and (12) doing such other acts as may facilitate the Company's exercise of its powers, provided, however, that all such acts shall fall within the business purposes of the Company as set forth in this Agreement.
Powers of the Members. The Members shall have the power to exercise any and all rights or powers granted to the Members pursuant to the express terms of this Agreement. The Members shall also have the power to authorize the Board to possess and exercise any right or power not already vested in the Board pursuant to Article 6 or any other provision of this Agreement. In addition to the foregoing, the Members have the power to exercise any and all other rights or powers of the Company and to do all lawful acts and things as are not by the Delaware Act or this Agreement directed or required to be exercised or done only by the Board. Except as provided herein, the Members shall have no power to bind the Company.
Powers of the Members. Each Member who is not a Terminated Member shall have full power and shall have the obligation without the necessity of obtaining the Approval of any other Member (except as otherwise set forth in this Agreement), and at the expense of the Company, to take all actions required to conduct the day-to-day operations of the Company and accomplish the purposes stated in this Agreement, and, subject to the availability of Company funds, to implement the Major Decisions and other decisions that have been Approved by the Members, and to pay the expenses of the Company (or cause them to be paid) when due. Neither Member (nor any officer) shall have the power to implement any Major Decision unless such Major Decision has been Approved by the Members, as set forth in Section 5.1.6.2 hereof.
Powers of the Members. In addition to the powers now or hereafter granted an authorized person of a limited liability company under applicable law or which are granted the Members under any provisions of this Agreement, the Required Majority of Members shall have full, exclusive and complete discretion, power and authority, subject in all cases to the provisions of this Agreement and the requirements of applicable law, to manage, control, administer and operate the business and affairs of the Company for the purposes herein stated, to make all decisions affecting such business and affairs, to adopt such accounting rules and procedures as it deems appropriate in the conduct of the business and affairs of the Company and to do all things which the Required Majority of Members deems necessary or desirable in the conduct of the business and affairs of the Company, including without limitation, (subject to the limitations provided in this Article VI and elsewhere in this Agreement) for Company purposes, the power:
Powers of the Members. Subject to Section 6.4 hereof, the Members shall have and may exercise with respect to the Company all of the powers of a Board of Directors of a Delaware corporation with respect to a corporation the certificate of incorporation and by-laws of which confer upon the Board all powers which may lawfully be vested in it.
