THE MANDATE Clause Samples
The Mandate clause defines the authority or instructions given to a party, typically outlining the scope and limits of their power to act on behalf of another. In practice, this clause specifies what actions the mandated party is permitted or required to perform, such as negotiating contracts, managing assets, or representing the principal in specific transactions. Its core function is to clearly delineate responsibilities and boundaries, thereby preventing misunderstandings and ensuring that both parties are aware of the extent of the authority granted.
THE MANDATE. 5.1 The terms of the mandate proposed by Dover pursuant to paragraph 4.2 above shall, as a minimum, contain all provisions necessary to enable the Trustee to carry out the Trustee Functions including, without limitation to the generality of this paragraph:
(a) an exclusive, irrevocable mandate to sell the Divestment Business as required by paragraph 6.1 below to a purchaser as directed or approved in writing in advance by the CMA at no minimum price and on such reasonable terms and conditions as the Trustee considers appropriate to effect an expedient sale;
(b) a mandate to take any other steps necessary for, or incidental to, the Trustee’s mandate under sub-paragraph (a) above;
(c) a comprehensive power of attorney to the Trustee (including the authority to grant sub-powers of attorney to the Trustee’s officers, employees and agents) to enable it to take all steps necessary or appropriate to effect the sale of the Divestment Business;
(d) a mandate to comply with any orders and/or directions given by the CMA; and
(e) a mandate to appoint at Dover’s expense such advisers as the CMA and/or the Trustee reasonably considers necessary or appropriate in connection with the performance of the Trustee Functions.
THE MANDATE. 9.1 The terms of the mandate proposed by Korean Air pursuant to paragraph 8.1 above shall, as a minimum, contain all provisions necessary to enable the Trustee to carry out the Trustee Functions including, without limitation to the generality of this paragraph:
(a) to monitor the satisfactory discharge by Korean Air of the obligations entered into in these undertakings in so far as they fall within the scope of these undertakings;
(b) a mandate to take any other steps necessary for, or incidental to, the Trustee’s mandate under sub-paragraph (a) above;
(c) a comprehensive power of attorney to the Trustee (including the authority to grant sub-powers of attorney to the Trustee’s officers, employees and agents) to enable it to take all steps necessary or appropriate to give effect to the undertakings;
(d) to propose to Korean Air such measures as the Trustee considers necessary to ensure Korean Air’s compliance with the conditions and obligations attached to the Decision;
(e) to advise and make a written recommendation to the CMA as to the suitability of any Applicant or Slot Release Agreement submitted for approval to the CMA under paragraphs 6.36 and 6.41 respectively;
(f) a mandate to comply with any orders and/or directions given by the CMA;
(g) to provide written reports to the CMA on Korean Air’s compliance with these undertakings and the progress of the discharge of its mandate, identifying any respects in which Korean Air has failed to comply with these undertakings or the Trustee has been unable to discharge its mandate;
(h) to mediate in any disagreements relating to any Slot Release Agreement, if mediation is agreed to by the other party or parties to the agreement in question, and submit a report upon the outcome of the mediation to the CMA; and
(i) at any time, to provide to the CMA, at its request, a written or oral report on matters falling within the scope of these undertakings.
THE MANDATE. 4.1 The terms of the mandate proposed by ▇▇▇▇▇▇▇▇ and/or Equans pursuant to paragraph 3.1 above shall, as a minimum, contain all provisions necessary to enable the Trustee to carry out the Trustee Functions including, without limitation to the generality of this paragraph:
a) an exclusive, irrevocable mandate to monitor and enforce compliance with the obligations set out above;
b) a mandate to take any other steps necessary for, or incidental to, the Trustee’s mandate under sub-paragraph (a) above;
c) a mandate to comply with any orders and/or directions given by the CMA; and
d) a mandate to appoint at Bouygues’ and/or Equans’ expense such advisers as the CMA and/or the Trustee reasonably considers necessary or appropriate in connection with the performance of the Trustee Functions.
THE MANDATE. 6.1 The terms of the mandate proposed by ▇▇▇▇▇▇▇▇ and/or eBay pursuant to paragraph 5.2 above shall, as a minimum, contain all provisions necessary to enable the Trustee to carry out the Trustee Functions including, without limitation to the generality of this paragraph:
(a) an exclusive, irrevocable mandate to sell either or both of the Divestment Businesses as required by paragraph 7.1 below to a purchaser as directed or approved in writing in advance by the CMA at no minimum price and on such reasonable terms and conditions as the Trustee considers appropriate to effect an expedient sale;
(b) a mandate to take any other steps necessary for, or incidental to, the Trustee’s mandate under sub-paragraph (a) above;
(c) a comprehensive power of attorney to the Trustee (including the authority to grant sub-powers of attorney to the Trustee’s officers, employees and agents) to enable it to take all steps necessary or appropriate to effect the sale of either or both of the Divestment Businesses;
(d) a mandate to comply with any orders and/or directions given by the CMA; and
(e) a mandate to appoint at ▇▇▇▇▇▇▇▇’s and/or eBay’s expense such advisers as the CMA and/or the Trustee reasonably considers necessary or appropriate in connection with the performance of the Trustee Functions.
6.2 The obligations in section 6 (The Mandate) shall cease to apply to eBay following completion of the Transaction.