Additional Powers Sample Clauses
The "Additional Powers" clause grants a party, often an agent or trustee, authority to perform actions beyond those explicitly listed elsewhere in the agreement. This may include powers such as managing assets, entering contracts, or making decisions necessary to fulfill the agreement's purpose, even if not specifically enumerated. By providing this flexibility, the clause ensures that the responsible party can effectively manage unforeseen situations and carry out their duties without being unduly restricted by the document's original terms.
Additional Powers. The Trustees shall have the power and authority on behalf of the Trust:
(i) to employ, engage or contract with, or make payments to, such Persons as the Trustees may deem desirable for the transaction of the business of the Trust or any Series thereof, including, without limitation, any Trustee or officer of the Trust or any firm of which any such Trustee or officer is a member, whether as agents or independent contractors of the Trust or any Series thereof, or as delegates of the Trustees, officers, or any other Person who may be involved with the management of the business affairs of the Trust or any Series thereof, to have such titles, and such rights, powers and duties as the Trustees may determine from time to time, to terminate any such employment, engagement or contract or other relationship, and to delegate to any such Person the supervision of any other Person that has been so employed, engaged or contracted with;
(ii) to authorize the Trust to enter into joint ventures, partnerships and any other combinations or associations;
(iii) to elect and remove such officers as they consider appropriate, including, without limitation, a president and a secretary;
(iv) to authorize the Trust to indemnify any Person with whom the Trust has dealings, including, without limitation, any service provider employed pursuant to Article VII hereof, to such extent as the Trustees shall determine;
(v) to authorize the Trust to purchase, and pay for out of Trust Property, (A) insurance policies insuring the Shareholders, Trustees, officers, employees and any other Persons, including, without limitation, any service provider employed pursuant to Article VII hereof, against any or all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity whether or not the Trust would have the power to indemnify such Person against such liability, (B) insurance for the protection of Trust Property, (C) insurance as may be required by applicable law, or (D) such other insurance as the Trustees shall deem advisable, in each case as the Trustees shall determine;
(vi) to authorize the Trust to establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans, including the purchasing of life insurance and annuity contracts as a means of providing such retirement and other benefits, for any Trustees, officers, employees and agents of the Trust;
(vii) to authorize the Trust to gua...
Additional Powers. In addition to the powers granted the Managing General Partner under §4.02(c) and its subsections or elsewhere in this Agreement, the Managing General Partner, when specified, shall have the following additional express powers.
Additional Powers. The powers conferred by this Deed upon the Security Trustee shall be in addition to any powers which may from time to time be vested in it by general law.
Additional Powers. Except as otherwise set forth in this Litigation Trust Agreement or in the Plan, and subject to the Treasury Regulations governing qualified settlement funds and the retained jurisdiction of the Bankruptcy Court as provided for in the Plan, but without prior or further authorization, the Trustee may control and exercise authority over the Trust Property and over the protection, conservation, and disposition thereof. No person dealing with the Litigation Trust shall be obligated to inquire into the authority of the Trustee in connection with the protection, conservation, liquidation, or disposition of the Trust Property.
Additional Powers. The Committee shall have such additional powers as are delegated to it under the other provisions of the Plan. Subject to the express provisions of the Plan, the Committee is authorized to construe the Plan and the respective Award Agreements executed hereunder, to prescribe such rules and regulations relating to the Plan as it may deem advisable to carry out the intent of the Plan, and to determine the terms, restrictions and provisions of each Award, including such terms, restrictions and provisions as shall be requisite in the judgment of the Committee to cause designated Options to qualify as Incentive Stock Options, and to make all other determinations necessary or advisable for administering the Plan. The Committee may correct any defect or supply any omission or reconcile any inconsistency in any Award Agreement in the manner and to the extent it shall deem expedient to carry it into effect. The determinations of the Committee on the matters referred to in this Article IV shall be conclusive and binding on the Company and all Holders.
Additional Powers. Except as otherwise set forth in this Trust Agreement or in the Plan or the Schemes, and subject to the Treasury Regulations governing liquidating trusts and the retained jurisdiction of the Court as provided for in the Plan, but without prior or further authorization, the Liquidating Trustee may control and exercise authority over the Liquidating Trust Assets and over the protection, conservation and disposition thereof. No Person dealing with the Liquidating Trust shall be obligated to inquire into the authority of the Liquidating Trustee in connection with the protection, conservation or disposition of the Liquidating Trust Assets.
Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising:
(a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees);
(b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default);
(c) in connection with the Fourth Issuer Charged Property; or
(d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fourth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fourth Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fourth Issuer Charged Property in respect thereof and, in the case of a Fourth Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fourth Issuer Noteholders and all other Fourth Issuer Secured Creditors and otherwise in accordance with this Deed.
Additional Powers. In addition to the powers granted the Managing General Partner under ss.4.02
Additional Powers. The Security Trustee shall have the power to insure against any liabilities or obligations arising:
(a) as a result of the Security Trustee acting or failing to act in a certain way (other than which may arise from its negligence or wilful default or that of its officers or employees);
(b) as a result of any act or failure to act by any person or persons to whom the Security Trustee has delegated any of its trusts, rights, powers, duties, authorities or discretions, or appointed as its agent (other than which may arise from such person's negligence or wilful default);
(c) in connection with the Fifth Issuer Charged Property; or
(d) in connection with or arising from the enforcement of the security created by this Deed. The Security Trustee shall not be under any obligation to insure in respect of such liabilities and/or obligations or to require any other person to maintain insurance, but to the extent that it does so, the Fifth Issuer shall quarterly and on written request pay all insurance premiums and expenses which the Security Trustee may properly incur in relation to such insurance. If the Fifth Issuer fails to pay such premiums or expenses or to reimburse the Security Trustee therefor, the Security Trustee shall be entitled to be indemnified out of the Fifth Issuer Charged Property in respect thereof and, in the case of a Fifth Issuer Note Acceleration Notice having been served, the indemnification of the Security Trustee in respect of all such insurance premiums and expenses shall be payable in priority to payments to the Fifth Issuer Noteholders and all other Fifth Issuer Secured Creditors and otherwise in accordance with this Deed.
Additional Powers. 7.1. FINOVA shall have the right at any time in its sole and absolute discretion: (a) to notify Account Debtors that Borrower's Accounts have been assigned to and are payable to FINOVA; and (b) to collect any and all Accounts directly in its own name and charge all of its collection costs and expenses including, but not limited to, its legal expenses to the Borrower's account as part of the Obligations.
7.2. Borrower hereby appoints FINOVA or FINOVA's designee as Borrower's attorney-in-fact, at Borrower's own cost and expense, to exercise at any time all or any of the following powers which, being coupled with an interest, shall be irrevocable until all Obligations have been paid in full: (a) upon FINOVA alleging an Event of Default, to redirect, receive, open and dispose of all mail addressed to Borrower and to notify postal authorities to change the address for delivery thereof to such address as FINOVA may designate; (b) to execute and file in Borrower's name financing statements and amendments under the UCC; (c) to receive, take, endorse, assign, deliver, accept and deposit, in FINOVA's or Borrower's name, any and all checks, notes, drafts, acceptances, money orders, remittances or other evidences of payment of money or Collateral which may come into FINOVA's possession; (d) to sign Borrower's name on any drafts against Account Debtors, assignments and verifications of Accounts; (e) upon FINOVA alleging an Event of Default, to transmit to Account Debtors notice of FINOVA's interest therein and to request from such Account Debtors at any time, in FINOVA's or Borrower's name or that of FINOVA's designee, information concerning the Accounts and the amounts owing thereon; (f) upon FINOVA alleging an Event of Default to notify Account Debtors to make payment directly to FINOVA; (g) upon FINOVA alleging an Event of Default, to take or bring, in FINOVA's or Borrower's name, and in FINOVA's sole and absolute discretion all steps, actions, suits or proceedings deemed necessary or desirable by FINOVA to effect collection of the Collateral; and (h) to do all other acts and things necessary to carry out this Agreement. Borrower hereby releases FINOVA and FINOVA's officers, employees and designees, from all liability (other than acts of gross negligence or wanton misconduct) arising from any act or acts under this Agreement or in furtherance thereof, whether by omission or commission, and whether based upon any error of judgment or mistake of law or fact.