EMS » Topics » Powers.

These excerpts taken from the EMS 10-K filed Feb 27, 2008.
Powers.  The powers of the General Partner  (and the Partnership Board through which it acts) shall include, but not be limited to, the following:

 

(a)           The General Partner may cause the Partnership to acquire, hold and sell real and personal property (including, but not limited to, shares of stock, bonds, general and limited partnership interests and any other tangible or intangible interests), construct or cause the construction of improvements upon real property, borrow money and enter into credit agreements respecting the borrowing of money and the issuance of promissory notes or commercial paper (whether or not supported by letters of credit or guaranties), mortgage or pledge all or any part or parts of the Partnership property, guarantee the indebtedness of others (including, but not limited to, indebtedness of affiliates) and acquire, make or invest in loans (including, but not limited to, loans of affiliates) which may or may not be secured by real and personal property.

 

(b)           The General Partner may cause the Partnership to employ Persons and organizations, including Persons or organizations with whom or which it may be associated, or which it directly or indirectly owns or controls, to provide managerial and other services to and for any Partnership property and the Partnership.

 

(c)           The General Partner may cause the Partnership to sell, transfer, convey or lease all or any part or parts of the Partnership property for cash or securities, or any combination of cash and securities, upon such terms and conditions as it from time to time may determine.

 

(d)           The General Partner may cause the Partnership to acquire, lease or manage any real or personal property at such price, for cash, securities or other property and upon such terms as the General Partner, in its sole discretion, deems proper.

 

(e)           The General Partner may cause the Partnership to enter into agreements and execute instruments in the name of the Partnership relating to other matters on such terms as it may

 

15



 

determine advisable and may cause the Partnership to do any other acts which they deem necessary or appropriate to the operation of the business and affairs of the Partnership.  The General Partner shall have the authority to bind the Partnership in its sole discretion and without the consent of any Limited Partner.

 

(f)            The General Partner may determine, at any time, in its sole discretion, to change the classification of the Partnership for federal, state or local income tax purposes and, upon such determination, to take such steps as it deems necessary or appropriate to effect such change.  The Limited Partners hereby agree to cooperate with, consent to, and take all steps deemed necessary by the General Partner to effect such a change.

 

Any third party dealing with the Partnership may rely conclusively on the authority of the General Partner to bind the Partnership.

 

Powers.  The powers of the General Partner  (and the Partnership Board through which it
acts) shall include, but not be limited to, the following:



 



(a)           The General Partner may cause the
Partnership to acquire, hold and sell real and personal property (including,
but not limited to, shares of stock, bonds, general and limited partnership
interests and any other tangible or intangible interests), construct or cause
the construction of improvements upon real property, borrow money and enter
into credit agreements respecting the borrowing of money and the issuance of
promissory notes or commercial paper (whether or not supported by letters of
credit or guaranties), mortgage or pledge all or any part or parts of the
Partnership property, guarantee the indebtedness of others (including, but not
limited to, indebtedness of affiliates) and acquire, make or invest in loans
(including, but not limited to, loans of affiliates) which may or may not be
secured by real and personal property.



 



(b)           The General Partner may cause the Partnership to
employ Persons and organizations, including Persons or organizations with whom
or which it may be associated, or which it directly or indirectly owns or
controls, to provide managerial and other services to and for any Partnership
property and the Partnership.



 



(c)           The General Partner may cause the Partnership to sell,
transfer, convey or lease all or any part or parts of the Partnership property
for cash or securities, or any combination of cash and securities, upon such
terms and conditions as it from time to time may determine.



 



(d)           The General Partner may cause the Partnership to
acquire, lease or manage any real or personal property at such price, for cash,
securities or other property and upon such terms as the General Partner, in its
sole discretion, deems proper.



 



(e)           The General Partner may cause the Partnership to enter
into agreements and execute instruments in the name of the Partnership relating
to other matters on such terms as it may



 



15
















 



determine
advisable and may cause the Partnership to do any other acts which they deem
necessary or appropriate to the operation of the business and affairs of the
Partnership.  The General Partner shall
have the authority to bind the Partnership in its sole discretion and without
the consent of any Limited Partner.



 



(f)            The General Partner may determine, at any time, in its
sole discretion, to change the classification of the Partnership for federal,
state or local income tax purposes and, upon such determination, to take such
steps as it deems necessary or appropriate to effect such change.  The Limited Partners hereby agree to
cooperate with, consent to, and take all steps deemed necessary by the General
Partner to effect such a change.



 



Any
third party dealing with the Partnership may rely conclusively on the authority
of the General Partner to bind the Partnership.



 



EXCERPTS ON THIS PAGE:

10-K (2 sections)
Feb 27, 2008
Wikinvest © 2006, 2007, 2008, 2009, 2010, 2011, 2012. Use of this site is subject to express Terms of Service, Privacy Policy, and Disclaimer. By continuing past this page, you agree to abide by these terms. Any information provided by Wikinvest, including but not limited to company data, competitors, business analysis, market share, sales revenues and other operating metrics, earnings call analysis, conference call transcripts, industry information, or price targets should not be construed as research, trading tips or recommendations, or investment advice and is provided with no warrants as to its accuracy. Stock market data, including US and International equity symbols, stock quotes, share prices, earnings ratios, and other fundamental data is provided by data partners. Stock market quotes delayed at least 15 minutes for NASDAQ, 20 mins for NYSE and AMEX. Market data by Xignite. See data providers for more details. Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Wikinvest.
Powered by MediaWiki