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

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage that would be necessary to take such action at a meeting at which all Members entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage that would be necessary to take the action that is the subject of the consent are delivered to the Company to its registered office, its principal place of business and to each Member. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place of Business shall be addressed as stated in Section 1.5. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 4 contracts

Samples: Limited Liability Company Agreement, Operating Agreement (Rex Energy Corp), Limited Liability Company Agreement (Rex Energy Corp)

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Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take such action at a meeting at which the holders of all Members Sharing Ratios entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC), Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum number of Member votes that would be necessary to take such action at a meeting at which the holders of all Members Member votes entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Member votes that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 2 contracts

Samples: Operating Agreement (Maverick Oil & Gas, Inc.), Operating Agreement (Touchstone Resources Usa, Inc.)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of the Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take such action at a meeting at which the holders of all Members Membership Interests entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this SectionSection 8.13, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Member. Delivery shall be by hand business, or certified or registered mail, return receipt requestedthe Managers. Delivery to the Company’s Principal Place principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this SectionSection 8.13. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Operating Agreement (Anglo-Suisse Offshore Pipeline Partners, LLC)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take such action at a meeting at which the holders of all Members Sharing Ratios entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice Notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action within ten days following such action.

Appears in 1 contract

Samples: Operating Agreement (Ashton Houston Residential L.L.C.)

Action by Written Consent or Telephone Conference. (a) 8.5.1 Any action required or permitted to be taken at any meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder Member or holders of Members holding not less than the Voting Interest Percentage minimum number of Outstanding Shares that would be necessary to take such action at a meeting at which all Members entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder Member or holders of Members holding not less than the Voting Interest Percentage minimum number of Outstanding Shares that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Board. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Board. A telegram, telex, cablegram or similar facsimile transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Operating Agreement (Numerex Corp /Pa/)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take such action at a meeting at which the holders of all Members Membership Interests entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this SectionSection 4.4, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand hand, facsimile transmission or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telecopy, telegram, telex, cablegram or similar transmission by a Member, or including a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Operating Agreement (Mobile Medic Ambulance Service Inc)

Action by Written Consent or Telephone Conference. (a) Action By Written Consent. Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, notice and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder Member or holders of Members holding not less than the Voting Interest Percentage minimum percentages of Units or each class of Units that would be necessary to take such action at a meeting at which all Members entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder Member or holders of Members holding not less than the Voting Interest Percentage minimum percentages of Units or each class of Units that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberor the Board. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place principal place of Business business shall be addressed as stated in Section 1.5to a Director. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostaticphoto static, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members entitled to vote on such action and who did not consent in writing to the action.

Appears in 1 contract

Samples: www.sec.gov

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Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum number of Class B Member votes that would be necessary to take such action at a meeting at which the holders of all Members Class B Member votes entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Class B Member votes that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place 's principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Operating Agreement (Continental Southern Resources Inc)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any annual or special meeting of the Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take such action at a meeting at which the holders of all Members Membership Interests entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, Section 8.13 a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Member. Delivery shall be by hand business, or certified or registered mail, return receipt requestedthe Managers. Delivery to the Company’s Principal Place principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this SectionSection 8.13. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Anglo-Suisse Offshore Pipeline Partners, LLC)

Action by Written Consent or Telephone Conference. (a)) Any action required or permitted to be taken at any annual or special meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take such action at a meeting at which the holders of all Members Sharing Ratios entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) 60 days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Sharing Ratios that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Manager. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place principal place of Business business shall be addressed as stated in Section 1.5to the Manager. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Operating Agreement (Interhealth Facility Transport, Inc.)

Action by Written Consent or Telephone Conference. (a) Any action required or permitted to be taken at any meeting of Members may be taken without a meeting, without prior notice, and without a vote, if a consent or consents in writing, setting forth the action so taken, shall be signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take such action at a meeting at which the holders of all Members Membership Interests entitled to vote on the action were present and voted. Every written consent shall bear the date of signature of each Member who signs the consent. No written consent shall be effective to take the action that is the subject of to the consent unless, within sixty (60) days after the date of the earliest dated consent delivered to the Company and each Member in the manner required by this Section, a consent or consents signed by the holder or holders of not less than the Voting Interest Percentage minimum Membership Interests that would be necessary to take the action that is the subject of the consent are delivered to the Company by delivery to its registered office, its principal place of business and to each Memberbusiness, or the Managers. Delivery shall be by hand or certified or registered mail, return receipt requested. Delivery to the Company’s Principal Place principal place of Business business shall be addressed as stated in Section 1.5to the Managers. A telegram, telex, cablegram or similar transmission by a Member, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a Member, shall be regarded as signed by the Member for purposes of this Section. Prompt notice of the taking of any action by Members without a meeting by less than unanimous written consent shall be given to those Members who did not consent in writing to the action.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Viking International Resources Co., Inc.)

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