Common use of Action by Written Consent or Telephone Conference Clause in Contracts

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 86 contracts

Samples: Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Oswego Harbor Power LLC)

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Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons Persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 33 contracts

Samples: Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Ub Fuel Cell, LLC), Limited Liability Company Agreement (Ub Fuel Cell, LLC)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of DelawareTexas, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Texas Genco Holdings Inc), Limited Liability Company Agreement (Allied Home Warranty Gp LLC), Limited Liability Company Agreement (Allied Home Warranty Gp LLC)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of DelawareTexas, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons Persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Energy Plus Natural Gas LLC)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members Member may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Member (or if there is more than one Member, the Majority Members). Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the MembersMember. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members Member may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons Persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 1 contract

Samples: Limited Liability Company Agreement (LiveWatch Security, LLC)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent consent, in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of DelawareTexas, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons Persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Energy Plus Natural Gas LLC)

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Action by Written Consent or Telephone Conference. Any action permitted or required by the Partnership Act, the Certificate or this Agreement to be taken at a meeting of the Members Company may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority MembersGeneral Partner. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the MembersPartners. Subject to the requirements of the Partnership Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members Partners may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.

Appears in 1 contract

Samples: NRG Rema LLC

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members Managers may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all the Majority MembersManagers. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the MembersManagers. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members Managers may participate in in, and hold hold, a meeting of the Managers by means of a conference telephone conference or similar communications equipment by means of which all persons Persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting, except where a Person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.

Appears in 1 contract

Samples: Operating Agreement (LifeCare Holdings, Inc.)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate of Formation or this Agreement to be taken at a meeting of the Members Board may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by a majority of the Majority MembersManagers. Such consent shall have the same force and effect as a unanimous majority vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of DelawareDelaware or otherwise, and the execution of such consent shall constitute attendance or presence in person at a meeting of the MembersBoard. Subject to the requirements of the Act, the Certificate of Formation or this Agreement for notice of meetings, unless otherwise restricted by the CertificateCertificate of Formation, the Members Managers may participate in and hold a meeting of the Board by means of a conference telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.

Appears in 1 contract

Samples: Limited Liability Company Agreement (George Foreman Enterprises Inc)

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