Common use of Discretion Clause in Contracts

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Ubs Pw Technology Partners LLC), Limited Liability Company Operating Agreement (Mount Yale Opportunity Fund, LLC), Limited Liability Company Operating Agreement (Mount Yale Opportunity Fund, LLC)

AutoNDA by SimpleDocs

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund Company or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 9 contracts

Samples: Limited Liability Company Operating Agreement (FEG Absolute Access Fund I LLC), Limited Liability Company Operating Agreement (FEG Directional Access TEI Fund LLC), Limited Liability Company Operating Agreement (Feg Absolute Access Fund LLC)

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund LLC), Limited Liability Company Operating Agreement (Rochdale Alternative Total Return Fund LLC)

Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the MembersLimited Partners, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 3 contracts

Samples: Agreement (Gam Avalon Multi-Europe Lp), Gam Avalon Multi Technology Lp, Gam Avalon Multi-Global Lp

Discretion. To the fullest extent permitted by law, whenever in this Agreement, Agreement a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 3 contracts

Samples: Gam Avalon Multi-Global LLC, Gam Avalon Multi Market Neutral LLC, Gam Avalon Multi Us LLC

Discretion. To the fullest extent permitted by law, whenever except as provided elsewhere in this Agreement, whenever in this Agreement a person Person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be Person is entitled to consider only such interests and factors as it desires, including its own interests, and shall have has no duty or obligation to give any consideration to any interest of or factors affecting the Fund Partnership or the MembersLimited Partners, or (ii) in its "good faith" or under another express standard, then such person shall act Person acts under such express standard and shall is not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Greenlight Capital Re, Ltd.), Greenlight Capital Re, Ltd.

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Master Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Master Fund LLC), Topiary Master Fund for Benefit Plan Investors (BPI) LLC

AutoNDA by SimpleDocs

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority auth01ity or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (City National Rochdale High Yield Alternative Strategies Master Fund LLC)

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Curan Fund LLC)

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (ia) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Fund or the Members, ; or (iib) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Rochdale High Yield Advances Fund LLC)

Discretion. To the fullest extent permitted by law, whenever in this Agreement, a person is permitted or required to make a decision decision: (i) in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such person shall be entitled to consider only such interests and factors as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the TEI Fund or the Members, ; or (ii) in its "good faith" or under another express standard, then such person shall act under such express standard and shall not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated herein or by relevant provisions of law or in equity or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Rochdale Core Alternative Strategies Fund TEI LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.