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 Managers or any committee designated by the Managers 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 Managers or members of such committee, as the case may be. 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 the State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Managers or any such committee, as the case may be. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, Managers or members of any committee designated by the 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 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 2 contracts

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

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

Appears in 2 contracts

Samples: Operating Agreement (Public Service Co of North Carolina Inc), Operating Agreement (Public Service Co of North Carolina Inc)

Action by Written Consent or Telephone Conference. Any action permitted or required by the Act, the Certificate Articles or this Agreement to be taken at a meeting of the Managers or any committee designated by the Managers may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by a majority of all the Managers or members of such committee, as the case may be. 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 Maryland State Department of State of the State of DelawareAssessments and Taxation, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Managers or any such committee, as the case may be. Subject to the requirements of the Act, the Certificate Articles or this Agreement for notice of meetings, unless otherwise restricted by the CertificateArticles, Managers Managers, or members of any committee designated by the Managers 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 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.

Appears in 1 contract

Samples: Operating Agreement (Mobile Medic Ambulance Service Inc)

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

Appears in 1 contract

Samples: Operating Agreement (Public Service Co of North Carolina Inc)

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