Common use of Management Generally Clause in Contracts

Management Generally. (a) Subject to the voting rights of the Shares, the management of the Company shall be vested exclusively in the Board of Directors, which shall have all of the power and authority of a "manager" of the Company within the meaning of the Delaware Act, including the authority to appoint officers and to authorize persons to act on behalf of the Company and engage third parties to provide services to the Company and to perform any permissible activity and is further authorized to delegate such power and authority to such officers or authorized Persons as it determines to be appropriate, subject to the requirements of the Investment Company Act. The Board of Directors may designate one or more committees each of which shall have all or such lesser portion of the power and authority of the entire Board of Directors as the Directors shall determine from time to time, except to the extent that action by the entire Board of Directors or particular Directors is required by the Investment Company Act. (b) Except as expressly set forth herein, the Members, in their capacity as such, shall have no part in the management of the Company, and shall have no authority or right to act on behalf of the Company in connection with any matter. Employees, officers, authorized Persons and agents of the Company shall have authority to act on behalf and in the name of the Company to the extent authorized by the Board of Directors or pursuant to authority granted by it. It is contemplated that the Board of Directors will delegate substantially all of its power and authority with respect to the operations of the Company to the Investment Manager and other authorized Persons.

Appears in 3 contracts

Sources: Operating Agreement (Special Value Expansion Fund, LLC), Operating Agreement (Special Value Continuation Fund, LLC), Operating Agreement (Special Value Opportunities Fund LLC)

Management Generally. (a) Subject to the voting rights of the Shares, the management of the Company shall be vested exclusively in the Board of DirectorsTrustees, which shall have all of the power and authority of a "manager" of to manage the Company within the meaning of the Delaware ActCompany, including the authority to appoint officers and to authorize persons to act on behalf of the Company and engage third parties to provide services to the Company and to perform any permissible activity and is further authorized to delegate such power and authority to such officers or authorized Persons as it determines to be appropriate, subject to the requirements of the Investment Company Act. The Board of Directors Trustees may designate one or more committees each of which shall have all or such lesser portion of the power and authority of the entire Board of Directors Trustees as the Directors Trustees shall determine from time to time, except to the extent that action by the entire Board of Directors Trustees or particular Directors Trustees is required by the Investment Company Act. (b) Except as expressly set forth herein, the MembersShareholders, in their capacity as such, shall have no part in the management of the Company, and shall have no authority or right to act on behalf of the Company in connection with any matter. Employees, officers, authorized Persons and agents of the Company shall have authority to act on behalf and in the name of the Company to the extent authorized by the Board of Directors Trustees or pursuant to authority granted by it. It is contemplated that the Board of Directors Trustees will delegate substantially all of its power and authority with respect to the operations of the Company to the Investment Manager and other authorized Persons.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Restoration Opportunities Fund), Agreement and Declaration of Trust (Highland Corporate Opportunities Fund)

Management Generally. (a) Subject to the voting rights of the Shares, the management of the Company shall be vested exclusively in the Board of Directors, which shall have all of the power and authority of, and each Director, for the purposes of the Delaware Act, is hereby named, a "manager" of the Company within the meaning of the Delaware Act, including the authority to appoint officers and to authorize persons Persons to act on behalf of the Company and engage third parties to provide services to the Company and to perform any permissible activity and is further authorized to delegate such power and authority to such officers or authorized Persons as it determines to be appropriate, subject to the requirements of the Investment Company Act. The Board of Directors may designate one or more committees each of which shall have all or such lesser portion of the power and authority of the entire Board of Directors as the Directors shall determine from time to time, except to the extent that action by the entire Board of Directors or particular Directors is required by the Investment Company Act. (b) Except as expressly set forth herein, the Members, in their capacity as such, shall have no part in the management of the Company, and shall have no authority or right to act on behalf of the Company in connection with any matter. Employees, officers, authorized Persons and agents of the Company shall have authority to act on behalf and in the name of the Company to the extent authorized by the Board of Directors or pursuant to authority granted by it. It is contemplated that the Board of Directors will delegate substantially all of its power and authority with respect to the operations of the Company to the Investment Manager and other authorized Persons.

Appears in 1 contract

Sources: Operating Agreement (York Enhanced Strategies Fund, LLC)

Management Generally. (a) Subject to the voting rights of the Shares, the management of the Company shall be vested exclusively in the Board of Directors, which shall have all of the power and authority of a "β€œmanager" ” of the Company within the meaning of the Delaware Act, including the authority to appoint officers and to authorize persons to act on behalf of the Company and engage third parties to provide services to the Company and to perform any permissible activity and is further authorized to delegate such power and authority to such officers or authorized Persons as it determines to be appropriate, subject to the requirements of the Investment Company Act. The Board of Directors may designate one or more committees each of which shall have all or such lesser portion of the power and authority of the entire Board of Directors as the Directors shall determine from time to time, except to the extent that action by the entire Board of Directors or particular Directors is required by the Investment Company Act. (b) Except as expressly set forth herein, the Members, in their capacity as such, shall have no part in the management of the Company, and shall have no authority or right to act on behalf of the Company in connection with any matter. Employees, officers, authorized Persons and agents of the Company shall have authority to act on behalf and in the name of the Company to the extent authorized by the Board of Directors or pursuant to authority granted by it. It is contemplated that the Board of Directors will delegate substantially all of its power and authority with respect to the operations of the Company to the Investment Manager and other authorized Persons.

Appears in 1 contract

Sources: Limited Liability Company Agreement (PNMAC Mortgage Opportunity Fund, LLC)