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Anikka is a member in a manager-managed LLC organized under Delaware law. The LLC is in the construction business. All of the managers of the
Anikka is a member in a manager-managed LLC organized under Delaware law. The LLC is in the construction business. All of the managers of the LLC are on a hiking expedition in the Canadian wilderness and cannot be reached. Anikka has become aware of a lucrative opportunity and would like to submit a bid on behalf of the LLC. She has come to you for a legal opinion. Could her bid, if accepted, be binding on the LLC? A. No, because members of a manager-managed LLC can never under any circumstance be given actual authority. B. No, because she is not an agent of the LLC and thus has no authority. C. No, because members of a manager-managed LLC can never under any circumstance be viewed as having apparent authority. D. Yes, because under Delaware law members and managers have authority to bind the LLC. E. Yes, because she is an agent of the LLC and has actual authority
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