Rights of Manager Clause Samples
Rights of Manager. (i) The Manager may disclose to any Member or Assignee of a Series or any prospective investor in a Series such information relating to such Series or its investments as the Manager determines to be necessary to retain any such Member or Assignee as an investor in such Series or facilitate an investment in such Series by any such prospective investor, as the case may be.
(ii) The Manager may disclose to any Person that provides or may provide service to a Series such information relating to such Series or its investments as the Manager determines to be necessary, appropriate, advisable, incidental or convenient to effect the formation of such Series or manage and conduct its business and affairs.
(iii) Unless the Manager expressly agrees otherwise, the Manager, in its sole and absolute discretion, may publicize: (A) the fact that it serves as the Manager of the Company and any one or more of the Series, (B) the performance of any one or more Series and (C) the identity of Members and Assignees of any one or more Series, provided it does so in a manner that does not constitute “general advertising” or “general solicitation” with respect to any Series or the Interests therein within the meaning of Rule 503(c) of Regulation D under the 1933 Act.
Rights of Manager. Guarantor authorizes Manager to perform any or all of the following acts at any time in its sole and absolute discretion, all without notice to Guarantor and without affecting Guarantor’s obligations under this Guaranty:
3.1 Subject to any consents needed from Lennar Concord pursuant to the terms of the Agreement, Manager may alter any terms or conditions of the Agreement or any part of it;
3.2 Manager may take and hold security for the Obligations, exchange, waive or release any or all such security (with or without consideration) or enforce or apply such security and direct the order and manner of any sale thereof in its sole discretion;
3.3 Manager may release Lennar Concord from its liability under the Agreement; and
3.4 Manager may substitute, add or release any one or more guarantors for the Obligations. Without limiting the foregoing, Guarantor further agrees that the Obligations may be extended or renewed, in whole or in part, or amended or modified, without notice to or further assent from it, and that it will remain bound upon this Guaranty notwithstanding any extension, renewal, amendment or modification of any Obligation.
Rights of Manager. The Manager shall have no rights with respect to this Agreement (and the Award evidenced hereby) unless the Manager shall have accepted this Agreement prior to the close of business on the Effective Date by (a) signing and delivering to the Partnerships a copy of this Agreement and (b) unless the Manager is already a Member (as defined in the applicable Partnership Agreement), signing, as a Member, and delivering to the applicable Partnership a counterpart signature page to the applicable Partnership Agreement. Upon acceptance of this Agreement by the Manager, the Partnership Agreements shall be amended to reflect the issuance to the Manager of the Award LTIP Units so accepted. Thereupon, the Manager shall have all the rights of a Member of each of the Partnerships with respect to the Award LTIP Units, as set forth in the Partnership Agreements, subject, however, to the restrictions and conditions specified herein. Award LTIP Units constitute and shall be treated for all purposes as the property of the Manager, subject to the terms of this Agreement and the Partnership Agreements.
Rights of Manager affect the rights of Manager with respect to the collateral or any part thereof.
Rights of Manager. Manager shall manage and administer the Compressors as part of its Combined Fleet and shall perform all managerial and administrative functions and provide or arrange for the provision of all services of any nature which it considers necessary or desirable for such administration, operation, management, and leasing. Without prejudice to the generality of the foregoing: Manager shall: use its best efforts to seek Lessees, arrange for the operation and leasing of the Compressors and negotiate and enter into Leases as lessor in the name of Manager, and decide the identity of each Lessee, the period of the Lease, the rental or other sums payable thereunder, and the form and content of the Lease; perform, on behalf of Owner, the obligations of the lessor under the Leases; exercise all rights of the lessor under the Leases, including, without limitation, the preparation and mailing of invoices, and using its best efforts to collect rentals and other payments due from Lessees; take any actions Manager deems necessary to ensure compliance by Lessees with the terms of their Leases; monitor and record status and/or location and movement of the Compressors in the Combined Fleet; maintain or have maintained separate, complete and accurate books and records of transactions relating to the Compressors in the Combined Fleet and retain such books and records for a period of no less than ten (10) years; [log interchanges of the Compressors including the return and issue of Compressors from depots;] inspect, repair, maintain in good order, service and store the Compressors to the extent Manager deems necessary for the purposes of this Agreement, to comply with the Leases and in accordance with Manager's maintenance and repair standards for its Combined Fleet. Such maintenance and repair standards will be substantially similar to those detailed in Exhibit __ [Company A’s maintenance schedules]; subject to the provisions of Sections [404 and 606] of the Indenture, sell Compressors, outright or through a lease/purchase arrangement, in accordance with Manager’s sell/repair decision-making procedures that are from time to time in effect or if the Return Option is not selected in accordance with the Lease Agreements; obtain insurance in accordance with the provisions of Section 9 hereof and in respect of any matters which Manager considers necessary or prudent; follow such credit policies with respect to the leasing of the Compressors as it follows from time to time with respect ...
Rights of Manager. Debtor and Secured Party acknowledge that although ----------------- this Agreement is binding as between Debtor and Secured Party, nothing herein shall be construed as modifying or detracting from the rights of Manager with respect to Secured Party pursuant to the terms of Section 9 of the Assignment of Management Agreement.
Rights of Manager. Borrower and Lender acknowledge that although this ----------------- Assignment is binding as between Borrower and Lender, nothing herein shall be construed as modifying or detracting from the rights of Manager with respect to Lender pursuant to Section 9 of the Assignment of Management Agreement.
Rights of Manager