Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 4 contracts
Samples: Merger Agreement (Optimer Pharmaceuticals Inc), Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Genzyme Corp)
Action by Vote. When a quorum is present at any meeting, whether the -------------- same be an original or an adjourned session, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series C Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Action by Vote. When a quorum is present at any meeting, whether the -------------- same be an original or an adjourned session, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-lawsbylaws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 2 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Sequenom Inc), Series D Convertible Preferred Stock Purchase Agreement (Sequenom Inc)
Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder shareholder present or represented at the meeting and entitled to vote in the election.
Appears in 2 contracts
Samples: Merger Agreement (ConnectOne Bancorp, Inc.), Merger Agreement (Center Bancorp Inc)
Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or incorporation, by these by-lawslaws or by agreement among the stockholders. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 1 contract
Action by Vote. When a quorum is present at any meeting, whether the same be an original or an adjourned session, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 1 contract
Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or incorporation, by these by-lawslaws or by any stockholders agreement then in effect to which the Corporation is a party. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 1 contract
Samples: By Laws (Eargo, Inc.)
Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office of directors shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office of directors shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.
Appears in 1 contract
Samples: Merger Agreement (Ims Health Inc)
Action by Vote. When a quorum is present at any meeting, a plurality of the votes properly cast for election to any office shall elect to such office and a majority of the votes properly cast upon any question other than an election to an office shall decide the question, except when a larger vote is required by law, by the certificate of incorporation or by these by-laws. No ballot shall be required for any election unless requested by a stockholder present or represented at the meeting and entitled to vote in the election.these
Appears in 1 contract
