Common use of Designation and Appointment Clause in Contracts

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (Triad Financial Sm LLC), Limited Liability Company Agreement (Triad Financial Corp), Limited Liability Company Agreement (Solera Holdings LLC)

Designation and Appointment. The Board officers of the Corporation shall automatically be designated and appointed as Officers of the LLC, with titles, duties and authority corresponding to the titles, duties and authority held by such Officers in their capacity as officers of the Corporation, and with no specific action required by the Manager in order to appoint such persons. In addition, the Manager may (but need not), from time to time, designate and appoint one or more persons as an Officer additional Officers of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder Delaware or a ManagerMember. Any additional Officers so designated shall have such authority and perform such duties as the Board Manager may, from time to time, delegate to them, and no Officer shall be deemed to be a Manager as a result of his or her status as an Officer. The Board Manager may assign titles to particular OfficersOfficers and create officer positions in its discretion. Unless the Board Manager otherwise decides, if the title is one commonly used for officers of a business corporation formedcorporation, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board Corporation or by the Manager pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c3.06(a). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the BoardCorporation or the Manager, as applicable.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (BioFuel Energy Corp.), Limited Liability Company Agreement (BioFuel Energy Corp.), Limited Liability Company Agreement (BioFuel Energy Corp.)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section SECTION 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section SECTIONS 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Prestige Brands Holdings, Inc.), Limited Liability Company Agreement (Prestige Brands International, Inc.)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (VWR Funding, Inc.), Limited Liability Company Agreement (VWR, Inc.)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Appliance Warehouse of America Inc), Limited Liability Company Agreement (Triad Financial Corp)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.5(b) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c5.4(b). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify qualified or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 2 contracts

Sources: Limited Liability Company Agreement (Cable One, Inc.), Limited Liability Company Agreement (Cable One, Inc.)

Designation and Appointment. The Board may (but need not)may, from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a ManagerDirector. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers, including those described in Section 5.4(b) and the title assigned to the LLC’s CEO. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formedcorporation, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c5.4(b) and Section 5.5(c). Each Officer shall hold office until such Officer’s his or her successor shall be duly designated and shall qualify or until such Officer’s his or her death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensationcompensation and benefits, including participation in the Unit Incentive Plan, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (St Renatus LLC)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section Sections 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Operating Agreement (Metaldyne Corp)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons Persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder Member or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Triad Financial Sm LLC)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section SECTION 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section SECTION 5.4(c) and 5.5(c5.5.(c). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Tsi Finance Inc)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.6(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c5.4(b). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.. The Officers of the LLC as of the signing and execution of this Agreement shall be as set forth on Schedule D.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Emmis Communications Corp)

Designation and Appointment. The Board may (but need not)may, from time to time, designate and appoint one or more persons Persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder Delaware or a ManagerMember. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.11(a) or and (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c5.10(c) and 5.5(c5.11(c). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Deep Down, Inc.)

Designation and Appointment. The Board officers of the Corporation shall automatically be designated and appointed as Officers of the LLC, with titles, duties and authority corresponding to the titles, duties and authority held by such Officers in their capacity as officers of the Corporation, and with no specific action required by the Manager in order to appoint such persons. In addition, the Manager may (but need not), from time to time, designate and appoint one or more persons as an Officer additional Officers of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder Delaware or a ManagerMember. Any additional Officers so designated shall have such authority and perform such duties as the Board Manager may, from time to time, delegate to them, and no Officer shall be deemed to be a Manager as a result of his or her status as an Officer. The Board Manager may assign titles to particular OfficersOfficers and create officer positions in its discretion. Unless the Board Manager otherwise decides, if the title is one commonly used for officers of a business corporation formedcorporation, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board Corporation or by the Manager pursuant to the third sentence of this Section 5.5(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c3.06(a). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the BoardCorporation or the Manager, as applicable.

Appears in 1 contract

Sources: Limited Liability Company Agreement (BioFuel Energy Corp.)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.5(b) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c5.4(b). Each Officer shall hold office until such Officer’s 's successor shall be duly designated and shall qualify qualified or until such Officer’s 's death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (NorthStar Asset Management Group Inc.)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLC. No Officer need be a resident of the State of Delaware, a Unitholder or a Manager. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formed, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.6(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c5.4(b). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Emmis Communications Corp)

Designation and Appointment. The Board may (but need not), from time to time, designate and appoint one or more persons as an Officer of the LLCCompany. No Officer need be a resident of the State of Delaware, a Unitholder or a ManagerDirector. Any Officers so designated shall have such authority and perform such duties as the Board may, from time to time, delegate to them. The Board may assign titles to particular Officers. Unless the Board otherwise decides, if the title is one commonly used for officers of a business corporation formedcorporation, the assignment of such title shall constitute the delegation to such Officer of the authority and duties that are normally associated with that office, subject to (i) any specific delegation of authority and duties made to such Officer by the Board pursuant to the third sentence of this Section 5.5(a5.6(a) or (ii) any delegation of authority and duties made to one or more Officers pursuant to the terms of Section 5.4(c) and 5.5(c). Each Officer shall hold office until such Officer’s successor shall be duly designated and shall qualify or until such Officer’s death or until such Officer shall resign or shall have been removed in the manner hereinafter provided. Any number of offices may be held by the same individual. The salaries or other compensation, if any, of the Officers and agents of the LLC Company shall be fixed from time to time by the Board.

Appears in 1 contract

Sources: Limited Liability Company Agreement (B. Riley Financial, Inc.)