Common use of Appointment of Officers Clause in Contracts

Appointment of Officers. From time to time, the Manager may appoint one or more Officers of the Company. The Manager shall determine the title, duties, responsibilities and compensation of each Officer, and shall be entitled to delegate to each Officer those duties and obligations of the Manager as set forth herein or as otherwise permitted hereby or by the Act that are consistent with such Officer’s position and scope of responsibility; provided, however that each Officer shall be subject to such restrictions on authority and conduct as the Manager may determine in the Manager’s sole discretion, and provided, further, that no such delegation shall relieve the Manager of such Manager’s duty to act in good faith and in a manner that such Manager reasonably believes to be in the best interests of the Company. Subject to the provisions of any written contract of employment that may be entered into between the Company and any such Officer, each Officer shall hold his or her office at the pleasure of the Manager and may be removed by the Manager at any time in the Manager’s sole and absolute discretion. Alternatively, any Officer may resign upon prior written notice to the Manager, and the acceptance of resignation shall not be required to make it effective.

Appears in 11 contracts

Samples: Operating Agreement (Drivetime Automotive Group Inc), Operating Agreement (DriveTime Ohio Company, LLC), Operating Agreement (DriveTime Ohio Company, LLC)

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Appointment of Officers. From time to time, the Manager Managers may appoint one or more Officers of the Company. The Manager Managers shall determine the title, duties, responsibilities and compensation of each Officer, and shall be entitled to delegate to each Officer those duties and obligations of the Manager Managers as set forth herein or as otherwise permitted hereby or by the Act that are consistent with such Officer’s position and scope of responsibility; provided, however that each Officer shall be subject to such restrictions on authority and conduct as the Manager Managers may determine in the Manager’s Managers’ sole discretion, and provided, further, that no such delegation shall relieve the Manager Managers of such Manager’s Managers’ duty to act in good faith and in a manner that such Manager Managers reasonably believes believe to be in the best interests of the Company. Subject to the provisions of any written contract of employment that may be entered into between the Company and any such Officer, each Officer shall hold his or her office at the pleasure of the Manager Managers and may be removed by the Manager Managers at any time in the Manager’s Managers’ sole and absolute discretion. Alternatively, any Officer may resign upon prior written notice to the ManagerManagers, and the acceptance of resignation shall not be required to make it effective.

Appears in 1 contract

Samples: Operating Agreement (DT Credit Company, LLC)

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