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 Articles of Organization or this Agreement to be taken at a meeting of the Members or any committee designated by the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all the Representatives or members of such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North Carolina, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization or this Agreement for notice of meetings, unless otherwise restricted by the Articles of Organization, Representatives, or members of any committee designated by the Members, may participate in and hold a meeting of the Members or any such committee, as the case may be, by means of a conference telephone 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 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Articles of Organization Certificate or this Agreement to be taken at a meeting of the Members Managers or any committee designated by 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 a majority of the Representatives Managers or members of such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North Carolinathe State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members Managers or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Articles of OrganizationCertificate, Representatives, Managers or members of any committee designated by the Members, Managers may participate in and hold a meeting of the Members Managers or any such committeecommittee of Managers, as the case may be, by means of a conference telephone 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Articles of Organization Certificate or this Agreement to be taken at a meeting of the Members Board or any committee designated by the Members Board may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all the Representatives Managers or members of such committee representing a majority of the voting power of the Board or such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North CarolinaDelaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members Board or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Articles of OrganizationCertificate, Representatives, the Managers or members of any committee designated by the Members, Board may participate in and hold a meeting of the Members Board or any such committeecommittee of Managers, as the case may be, by means of a conference telephone 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 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.

Action by Written Consent or Telephone Conference. Any Subject to the limitations set forth herein, any action permitted or required by the Act, the Articles of Organization Act or this Agreement to be taken at a meeting of the Members or any committee designated by the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by such of the Members (including Members necessary to establish a quorum for the purpose of conducting business) as would be required to authorize, approve, ratify or otherwise consent to such action under the Act and this Agreement (which may be less than all of the Representatives Members, in which event a copy thereof shall be sent to each of the Members entitled to vote upon such matter who did not sign the consent) at a meeting where all issued and outstanding Voting Units (on an as-converted basis) were represented, in person or members of by proxy, and voted on such committee, as the case may bematter. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North CarolinaNew York, and the execution of such consent shall constitute attendance or presence in person by such person executing such consent at a meeting of the Members or any such committee, as the case may beMembers. Subject to the requirements of the Act, the Articles of Organization Act or this Agreement for notice of meetings, unless otherwise restricted by the Articles of Organization, Representatives, or members of any committee designated by the Members, Members may participate in and hold a meeting of the Members or any such committee, as the case may be, by means of a conference telephone 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 by such person participating at such meeting, except where a Person 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Articles of Organization or this Agreement to be taken at a meeting of the Members Managers or any committee designated by 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 Representatives Managers or members of such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary Maryland State Department of State of North CarolinaAssessments and Taxation, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members Managers or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization or this Agreement for notice of meetings, unless otherwise restricted by the Articles of OrganizationArticles, RepresentativesManagers, or members of any committee designated by the MembersManagers, may participate in and hold a meeting of the Members Managers or any such committeecommittee of Managers, as the case may be, by means of a conference telephone 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 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Delaware Act, the Articles of Organization Certificate or this Operating Agreement to be taken at a meeting of the Members Board or any committee designated by the Members Board may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all the Representatives Managers or members of such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North CarolinaDelaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members Board or any such committee, as the case may be. Subject to the requirements of the Delaware Act, the Articles of Organization Certificate or this Operating Agreement for notice of meetings, unless otherwise restricted by the Articles of OrganizationCertificate, Representatives, the Managers or members of any committee designated by the Members, Board may participate in and hold a meeting of the Members Board or any such committee, as the case may be, by means of a conference telephone 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 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Articles of Organization or this Agreement to be taken at a meeting of the Members or any committee designated by the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all the Representatives or members Members of such committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North Carolina, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization or this Agreement for notice of meetings, unless otherwise restricted by the Articles of Organization, Representatives, or members Members of any committee designated by the Members, may participate in and hold a meeting of the Members or any such committee, as the case may be, by means of a conference telephone 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 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.

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Articles of Organization Certificate or this Agreement to be taken at a meeting of the Members Management Committee or any committee designated by the Members Management Committee may be taken without a meeting if a consent in writingwriting (or delivered by electronic mail), setting forth the action to be taken, is signed (or provided by all electronic mail) by a majority of the Representatives or members representatives of such other committee, as the case may be. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of North CarolinaDelaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members Management Committee or any such other committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization or this Agreement for notice of meetings, unless otherwise restricted by the Articles of Organization, Representatives, or members representatives of any other committee designated by the MembersManagement Committee, may participate in and hold a meeting of the Members Management Committee or any such other committee, as the case may be, by means of a conference telephone 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.

Action by Written Consent or Telephone Conference. Any action -------------------------------------------------- permitted or required by the Act, the Articles of Organization or this Agreement to be taken at a meeting of the Members Management Committee or any committee designated by the Members Management Committee may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by all that number of the Representatives or Managers of the Management Committee as members of such committee, as the case may bebe required to approve the action. Such consent shall have the same force and effect as a unanimous consent vote at a meeting and may that would be stated as such in any document or instrument filed with required to approve the Secretary of State of North Carolina, and the execution of such consent shall constitute attendance or presence in person action at which a meeting quorum was present. Managers of the Members or any such committee, as the case may be. Subject to the requirements of the Act, the Articles of Organization or this Agreement for notice of meetings, unless otherwise restricted by the Articles of Organization, RepresentativesManagement Committee, or members of any committee designated by the MembersManagement Committee, may participate in and hold a meeting of the Members Management Committee or any such committeecommittee of Management Committee, as the case may be, by means of a conference telephone 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 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.