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 to be taken at a meeting of the Board of Managers or of any committee designated by the Board of Managers 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, is signed by a quorum of the Managers as set forth in Section 9.7(e). Such consent shall have the same force and effect as a vote taken 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 or consents shall constitute attendance or presence in person at a meeting of the Board of Managers or any such committee, as the case may be. A telegram, telex, cablegram or similar transmission by a person, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a person, shall be regarded as signed by that person for the purposes of this Section 9.7(f). Subject to the requirements of the Act, the Certificate of Formation or this Agreement, the Board of Managers, or members of any committee designated by the Board of Managers, may participate in and hold a meeting of the Managers or any committee 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 speak to and 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 Certificate of Formation or this Agreement to be taken at a meeting of the Board of Managers or of any committee designated by the Board of Managers may be taken without a meeting, without prior notice and without a vote meeting if a consent or consents in writing, setting forth the action so to be taken, is signed by a quorum sufficient number of Managers which would be necessary to take such action at an actual meeting of the Managers as set forth in Section 9.7(e)Managers. Such consent shall have the same force and effect as a vote taken 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 or consents shall constitute attendance or presence in person at a meeting of the Board of Managers or any such committee, as the case may be. A telegram, telex, cablegram or similar transmission by a person, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a person, shall be regarded as signed by that person for the purposes of this Section 9.7(f). Subject to the requirements of the Act, the Certificate of Formation or this AgreementAgreement for notices of meetings, unless otherwise restricted by the Board Certificate of ManagersFormation, Managers or members of any committee designated by the Board of Managers, may participate in and hold a meeting of the Managers or any committee 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 speak to and hear each other, and participation participating 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 Delaware Act or this Agreement to be taken at a meeting of the Board of Managers or of any committee Committee designated by the Board of Managers may be taken without a meeting, without prior notice and without a vote meeting if a consent or consents in writing, setting forth the action so to be taken, is signed unanimously by a quorum of the Managers Board or such Committee, as set forth in Section 9.7(e)the case may be. Such consent shall have the same force and effect as a vote taken 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 or consents shall constitute attendance or presence in person by such person executing such consent at a meeting of the Board of Managers or any such committeeCommittee, as the case may be. A telegram, telex, cablegram or similar transmission by a person, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a person, shall be regarded as signed by that person for the purposes of this Section 9.7(f). Subject to the requirements of the ActDelaware Act or this Agreement for notice of meetings, the Certificate of Formation Directors or this Agreement, the Board of Managers, or members of any committee Committee designated by the Board of Managers, may participate in and hold a meeting of the Managers Board or any committee of ManagersCommittee, as the case may be, by means of a telephone conference telephone or similar communications equipment by means of which all persons participating in the meeting can speak to and 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 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 Delaware Act or this Agreement to be taken at a meeting of the Board of Managers or of any committee Committee designated by the Board of Managers may be taken without a meeting, without prior notice and without a vote meeting if a consent or consents in writing, setting forth the action so to be taken, is signed unanimously by a quorum of the Managers Board or such Committee, as set forth in Section 9.7(e)the case may be. Such consent shall have the same force and effect as a vote taken 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 or consents shall constitute attendance or presence in person by such person executing such consent at a meeting of the Board of Managers or any such committeeCommittee, as the case may be. A telegram, telex, cablegram or similar transmission by a person, or a photographic, photostatic, facsimile or similar reproduction of a writing signed by a person, shall be regarded as signed by that person for the purposes of this Section 9.7(f). Subject to the requirements of the ActDelaware Act or this Agreement for notice of meetings, the Certificate of Formation Managers or this Agreement, the Board of Managers, or members of any committee Committee designated by the Board of Managers, may participate in and hold a meeting of the Managers Board or any committee of ManagersCommittee, 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 speak to and 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 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.