Managing Owner Clause Samples

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Managing Owner. The following individual is designated as the individual responsible for the operations and management of the Franchised Business:
Managing Owner. (a) Franchisee must at all times during the Term employ a Managing Owner who must be a natural person and who shall be approved in advance by BKE in BKE’s sole discretion. Franchisee covenants that the Managing Owner is granted the authority by Franchisee to bind Franchisee in all dealings with BKE and its Affiliates and to direct any action necessary to ensure compliance with this Agreement and other agreements relating to the Franchised Restaurant. The Managing Owner at the date of this Agreement is the person specified as such in Schedule A. (b) Franchisee covenants that the Managing Owner will, at all times, have Control of Franchisee and will not delegate Control to any other person or entity. Franchisee must ensure that the Managing Owner exercises that Control diligently in compliance with this Agreement and in a timely manner. (c) No change in the Managing Owner may be made without the prior approval of BKE. If for any reason the person approved by BKE as the Managing Owner ceases to have Control of Franchisee, then as soon as practicable, and in any event no later than 90 days after such cessation, Franchisee must appoint a new Managing Owner that is approved in advance by BKE in its sole discretion. (d) If a person other than the Managing Owner is approved by BKE to act as the Operations Director pursuant to clause 4.4, the Managing Owner shall nevertheless devote substantial time and attention to the management and oversight of the Franchised Restaurant and any other Burger King Restaurants operated by Franchisee, and shall be available for meetings as requested by BKE.
Managing Owner. The following individual is designated as the Managing Owner (if Franchisee is a corporation, partnership, or limited liability company, the Managing Owner must own at least 25%):
Managing Owner. (a) Franchisee must at all times during the Agreement Term and the Term of any Unit Addenda employ a Managing Owner who must be a natural Person and who shall be the Chief Executive Officer, Chief Financial Officer, Chief Operations Officer or any other officer of Franchisee with equivalent responsibilities, and such officer shall take steps consistent with his or her role as such corporate officer to direct and oversee Franchisee’s compliance with this Agreement and other agreements relating to the Franchised Restaurants. (b) No change in the Managing Owner may be made without the prior approval of FRANCHISOR. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. If for any reason the person approved by FRANCHISOR as the Managing Owner ceases to hold that position in Franchisee, as soon as practicable, and in any event no later than ninety (90) days after such cessation, Franchisee must appoint a new Managing Owner that is approved in advance by FRANCHISOR in its reasonable discretion. This sub-clause 4.3(b) shall not apply if the Investment Agreement is then in effect (so long as FRANCHISOR is then a party and has the right to appoint at least one (1) member of the Board of Directors of the JVC). (c) If a person other than the Managing Owner is approved by FRANCHISOR to act as the Operations Director pursuant to clause 4.4, the Managing Owner shall nevertheless devote substantial time and attention to the management and oversight of the Franchised Restaurants, and shall be available for meetings as requested by FRANCHISOR. This sub-clause 4.3(c) shall not apply if the Investment Agreement is then in effect (so long as FRANCHISOR is then a party and has the right to appoint at least one (1) member of the Board of Directors of the JVC).
Managing Owner. Wilsonville is hereby designated as Managing Owner, with authority to manage, operate, repair, and replace the Plant Assets that comprise the Willamette River Water Treatment Plant, excluding the Willamette Intake Facilities. Wilsonville will also be responsible for operations and management of the Willamette Intake Facilities (“Intake Facilities”) until the Intake Facilities are upgraded and the parties to the Willamette Intake Facilities Intergovernmental Agreement, other than Wilsonville and Sherwood, begin to draw water through the Intake Facilities. A Managing Agent for the Intake Facilities will be named pursuant to the Willamette Intake Facilities Intergovernmental Agreement. If Wilsonville elects, in its sole discretion, to resign as Managing Owner of the Willamette River Water Treatment Plant, it will give all other then‐current owners notice thereof, and all owners, including Wilsonville, will mutually agree to a new Managing Owner.”
Managing Owner. Managing Owner" means the individual or individuals identified as Managing Owner(s) on the signature page of this Agreement who have the responsibilities set forth in Section ___, below, and elsewhere in this Agreement.
Managing Owner. The individual identified on the Horseman’s Signature Card as the Managing Owner for an HB Account and approved by the relevant Participating Racetracks, which Managing Owner shall have authority to provide instructions or make Funds Transfer requests to or through the IFS-FT module with respect to my Accounts. I authorize the Participating Racetracks, InCompass and the Clearing Bank to receive and act upon Funds Transfer requests in respect of my Accounts that are placed through the IFS-FT module and such other instructions as may be given by the Managing Owner. If I want to change the individual who serves as Managing Owner for my Accounts, I must notify the Participating Racetracks and InCompass who (in their discretion) must first approve the new Managing Owner, issue a new User ID, PIN and Password to the new Managing Owner and cancel my Access pursuant to Section 2 herein. Participating Racetrack. Each racetrack or racing association that is a participant in the IFS-FT module and that has granted me Access to my HB Account at that racetrack or racing association through the IFS-FT module. Password. Any authentication device (including alphanumeric codes) associated with my User ID that the Participating Racetracks and/or InCompass require for Access to my Account (or certain Account features) through the IFS-FT Module. PIN. Personal identification number.
Managing Owner. If Master Franchisee is an entity, identified on the signature page of this Agreement are the names of the Managing Owners. Franchisor has entered into this Agreement with Master Franchisee in reliance on the personal involvement in the Business of Managing Owners. At all times during the term of this Agreement, such Managing Owners shall devote so much of their personal time and attention to the management and operation of the Business as may be necessary.

Related to Managing Owner

  • Concerning Owner Trustee Section 7.01. Acceptance of Trusts and Duties.....................................17 Section 7.02. Furnishing Documents................................................18 Section 7.03.

  • Liquidating Trustee Upon dissolution of the Partnership, unless the business of the Partnership is continued pursuant to Section 12.2, the Board of Directors shall select one or more Persons to act as Liquidating Trustee. The Liquidating Trustee (if other than the General Partner) shall be entitled to receive such compensation for its services as may be approved by holders of at least a majority of the Outstanding Common Units. The Liquidating Trustee (if other than the General Partner) shall agree not to resign at any time without 15 days’ prior notice and may be removed at any time, with or without cause, by notice of removal approved by holders of at least a majority of the Outstanding Common Units. Upon dissolution, removal or resignation of the Liquidating Trustee, a successor and substitute Liquidating Trustee (who shall have and succeed to all rights, powers and duties of the original Liquidating Trustee) shall within 30 days thereafter be approved by the holders of at least a majority of the Outstanding Common Units. The right to approve a successor or substitute Liquidating Trustee in the manner provided herein shall be deemed to refer also to any such successor or substitute Liquidating Trustee approved in the manner herein provided. Except as expressly provided in this Article XII, the Liquidating Trustee approved in the manner provided herein shall have and may exercise, without further authorization or consent of any of the parties hereto, all of the powers conferred upon the Board of Directors and the General Partner under the terms of this Agreement (but subject to all of the applicable limitations, contractual and otherwise, upon the exercise of such powers, other than the limitation on sale set forth in Section 7.11(b)) necessary or appropriate to carry out the duties and functions of the Liquidating Trustee hereunder for and during the period of time required to complete the winding up and liquidation of the Partnership as provided for herein.

  • Managing Member Unless otherwise expressly provided in this Agreement, the Managing Member or any of its Affiliates who hold any Interests shall not be entitled to vote in its capacity as holder of such Interests on matters submitted to the Members for approval, and no such Interests shall be deemed Outstanding for purposes of any such vote.

  • The Owner Trustee It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Wilmington Trust, National Association on behalf of the Trust not individually or personally but solely as owner trustee of the Trust under the Trust Agreement of the Trust dated the date hereof in the exercise of the powers and authority conferred upon and vested in Wilmington Trust, National Association as owner trustee of the Trust under such Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as the personal representation, undertaking or agreement of Wilmington Trust, National Association, but is made and intended for the purpose of binding only the Trust and (iii) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust, National Association, individually or personally, to perform any covenant or obligation of the Trust, either expressed or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto.

  • Investment Manager The Trustees may, at any time and from time to time, contract for exclusive or nonexclusive advisory, management and, if applicable, administrative services for the Trust or for any Portfolio with any Person; and any such contract may contain such other terms as the Trustees may determine, including without limitation, authority for the Investment Manager to determine from time to time without prior consultation with the Trustees what investments shall be purchased, held, sold or exchanged and what portion, if any, of the assets of the Trust shall be held uninvested and to make changes in the Trust’s investments, and such other responsibilities as may specifically be delegated to such Person. The Trustees may authorize the Investment Manager to employ, from time to time, one or more sub-advisers to perform such of the acts and services of the Investment Manager, and upon such terms and conditions, as may be agreed among the Trustees, the Investment Manager and sub-adviser. Any reference in this Declaration of Trust to the Investment Manager shall be deemed to include such sub-advisers, unless the context otherwise requires.