Management, Etc Clause Samples

The 'Management, Etc' clause defines the responsibilities and authority of the parties involved in managing a project, service, or asset. It typically outlines who will oversee day-to-day operations, make key decisions, and handle administrative tasks, such as reporting, budgeting, or compliance. By clearly assigning management duties and expectations, this clause helps prevent disputes over control and ensures that all parties understand their roles in the ongoing administration of the agreement.
Management, Etc. 5.12.1 Borrower represents, warrants and covenants that (a) the Management Agreement previously delivered to Lender is a true, correct and complete copy of the Management Agreement between Manager and Borrower with respect to the Property, including any amendment or modification thereof, which Lender hereby approves; (b) the Management Agreement is in full force and effect and there is no default or violation by any party thereunder; (c) Borrower shall maintain the Management Agreement in full force and effect and timely perform all of its material obligations thereunder and enforce performance of all material obligations of the Manager thereunder; (d) Borrower shall simultaneously herewith enter into and cause Manager to enter into an agreement in form reasonably satisfactory to Lender subordinating the Manager's fees and other rights to the rights of Lender and (e) Borrower shall not terminate, cancel, or modify the Management Agreement, or enter into any agreement relating to the management or operation of the Property with Manager or any other party (other than an extension of the existing Management Agreement for compensation which is no greater, and on terms and conditions no less favorable to Borrower, than those contained in the existing Management Agreement) without the express written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. Any compensation of Manager with respect to its services performed at or in connection with the Property (other than the compensation provided in the existing Management Agreement) is subject to approval by Lender in its sole and absolute discretion and shall in no event exceed the Maximum Management Fee. If at any time there shall be a new manager, such new manager and Borrower shall, as a condition to Lender's consent, execute an agreement in the form then customarily used by Lender subordinating the management fees and other rights of the manager to the rights of Lender. 5.12.2 Borrower agrees that at any time after and during the continuance of an Event of Default, at the request of Lender, Borrower shall immediately replace the Manager with an independent, third-party managing agent designated by Lender.
Management, Etc. The senior management of the Loan Parties as of November 30, 2009 shall continue to be senior management of Parent upon confirmation of the Plan of Reorganization and no change of such senior management shall have been publicly announced. The business plan for Parent, Holdings and the Borrower on the Closing Date shall be consistent with that described in the Plan of Reorganization.
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto, and Administrative Agent shall have received copies of, and shall be satisfied with the form and substance of, any and all employment contracts with senior management of Borrower and its Subsidiaries.
Management, Etc. Section 5.13 Financial Statements; Audit Rights Section 5.14 Maintenance of Non-Taxable Status Section 5.15 Lender's Attorneys' Fees and Expenses Section 5.16 Environmental Section 5.17 Report Updates Section 5.18 Lender Access to Property Section 5.19 Delivery of Documents Regarding Ownership Section 5.20 Conduct of Business
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto.
Management, Etc of Company Properties JGC and JPI shall execute business operations, and manage and administer properties, with the duty of due care, from the conclusion of the Agreement to the Effective Date, and if they engage in any act which may significantly impact their properties and rights and obligations, they shall do so by agreement upon prior mutual consultation.
Management, Etc. If there is a mitigation plan for this site, provide the title, date, and location of the plan.] A proposed budget for this mitigation project is provided below.
Management, Etc. 10.1 Contractor shall have an implemented and documented system for quality management in accordance with the requirements stated in Appendix D. 10.2 Company's Representative and personnel authorised by him shall have the right to undertake quality audits and verification of Contractor's and Subcontractors' quality management. 10.3 Contractor shall adhere to any applicable laws and regulations and international recognised standards regarding ethic, anti-corruption, human rights etc, including, as a minimum ensuring that it has procedures in place to ensure that its activities are carried out in alignment with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International ▇▇▇▇ of Human Rights. ​ ​ FREYR 375 MWh Pilot Battery Plant Contract no.: CNT-FRY-0001 Contract Package: Casting and Unit Cell Assembly ​ PART IIIPROGRESS OF THE WORK
Management, Etc 

Related to Management, Etc

  • Management Plan The Management Plan is the description and definition of the phasing, sequencing and timing of the major Individual Project activities for design, construction procurement, construction and occupancy as described in the IPPA.

  • Program Management 1.1.01 Implement and operate an Immunization Program as a Responsible Entity 1.1.02 Identify at least one individual to act as the program contact in the following areas: 1. Immunization Program Manager;

  • Management of Company 5.1.1 The Members, within the authority granted by the Act and the terms of this Agreement shall have the complete power and authority to manage and operate the Company and make all decisions affecting its business and affairs. 5.1.2 Except as otherwise provided in this Agreement, all decisions and documents relating to the management and operation of the Company shall be made and executed by a Majority in Interest of the Members. 5.1.3 Third parties dealing with the Company shall be entitled to rely conclusively upon the power and authority of a Majority in Interest of the Members to manage and operate the business and affairs of the Company.

  • Management In accordance with Section 18-402 of the Act, management of the Company shall be vested in the Member. The Member shall have the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise, possessed by members of a limited liability company under the laws of the State of Delaware. The Member has the authority to bind the Company.

  • Management and Control (a) Management and control of the business of the Fund shall be vested in the Board, which shall have the right, power, and authority, on behalf of the Fund and in its name, to exercise all rights, powers, and authority of managers under the Delaware Act and to do all things necessary and proper to carry out the objective and business of the Fund and their duties hereunder. No Manager shall have the authority individually to act on behalf of or to bind the Fund except within the scope of such Manager's authority as delegated by the Board. The parties hereto intend that, except to the extent otherwise expressly provided herein, (i) each Manager shall be vested with the same powers, authority, and responsibilities on behalf of the Fund as are customarily vested in each director of a Delaware corporation and (ii) each Independent Manager shall be vested with the same powers, authority and responsibilities on behalf of the Fund as are customarily vested in each director of a closed-end Management investment company registered under the 1940 Act that is organized as a Delaware corporation who is not an "interested person" of such company, as such term is defined by the 1940 Act. During any period in which the Fund shall have no Managers, CSFB Alternative Capital, as the initial Member, shall have the authority to manage the business and affairs of the Fund. (b) Members, in their capacity as Members, shall have no right to participate in and shall take no part in the management or control of the Fund's business and shall have no right, power or authority to act for or bind the Fund. Members shall have the right to vote on any matters only as provided in this Agreement or on any matters that require the approval of the holders of voting securities under the 1940 Act or as otherwise required in the Delaware Act. (c) The Board may delegate to any other person any rights, power and authority vested by this Agreement in the Board to the extent permissible under applicable law, and may appoint persons to serve as officers of the Fund, with such titles and authority as may be determined by the Board consistent with applicable law. (d) The Board shall have full power and authority to adopt By-Laws providing for the conduct of the business of the Fund and containing such other provisions as they deem necessary, appropriate or desirable, and, subject to the voting powers of one or more Classes created pursuant to this section 3.1, to amend and repeal such By-Laws. Unless the By-Laws specifically require that Members authorize or approve the amendment or repeal of a particular provision of the By-Laws, any provision of the By-Laws may be amended or repealed by the Board without Member authorization or approval. (e) The Board shall have the full power and authority, without Member approval, to authorize one or more Classes of Units; Units of each such Class having such preferences, voting powers and special or relative rights or privileges (including conversion rights, if any) as the Board may determine and as shall be set forth in a resolution adopted in accordance with the By-Laws.