Common use of Management and Control of the Company Clause in Contracts

Management and Control of the Company. The Company shall be managed by a board of “managers” (as such term is used in the Act) (the “Board”) according to the remaining provisions of this Section 6, with the “managers” referred to as “Managers” throughout this Agreement. Except as otherwise expressly provided in this Agreement and subject to the terms of the Series A Preferred Units, including but not limited to those set forth in Annex 1, (i) the management, operation and control of the business and affairs of the Company shall be vested exclusively in the Board, except as otherwise expressly provided for in this Agreement and (ii) the Board shall have full and complete power, authority and discretion for, on behalf of and in the name of the Company, to enter into and perform all contracts and other undertakings that it may deem necessary or advisable to carry out any and all of the objects and purposes of the Company. The power and authority of the Board may be delegated by the Board to a committee of Managers, to any Officer or to any other Person engaged to act on behalf of the Company. No individual Manager has the authority or power to act for or on behalf of the Company or to make any expenditures or incur obligations on behalf of the Company other than as expressly authorized by the Board. For the avoidance of doubt, neither the Company nor any of its Subsidiaries shall, in each case, including through merger, amendment, consolidation, statutory exchange, recapitalization or otherwise, take any of the actions that require approval of the Series A Preferred Units pursuant to Section 7 of Annex 1 without obtaining such approval so required.

Management and Control of the Company. The Company shall be managed by a board of “managers” (as such term is used in the Act) (the “Board”) according to the remaining remaining‌ provisions of this Section 6, with the “managers” referred to as “Managers” throughout this Agreement. Except as otherwise expressly provided in this Agreement and subject to the terms of the Series A Preferred Units, including but not limited to those set forth in Annex 1, (i) the management, operation and control of the business and affairs of the Company shall be vested exclusively in the Board, except as otherwise expressly provided for in this Agreement and (ii) the Board shall have full and complete power, authority and discretion for, on behalf of and in the name of the Company, to enter into and perform all contracts and other undertakings that it may deem necessary or advisable to carry out any and all of the objects and purposes of the Company. The power and authority of the Board may be delegated by the Board to a committee of Managers, to any Officer or to any other Person engaged to act on behalf of the Company. No individual Manager has the authority or power to act for or on behalf of the Company or to make any expenditures or incur obligations on behalf of the Company other than as expressly authorized by the Board. For the avoidance of doubt, neither the Company nor any of its Subsidiaries shall, in each case, including through merger, amendment, consolidation, statutory exchange, recapitalization or otherwise, take any of the actions that require approval of the Series A Preferred Units pursuant to Section 7 of Annex 1 without obtaining such approval so required.