Action Without Meeting. Unless otherwise restricted by this Agreement, any action required or permitted to be taken at any meeting of the Company Board may be taken without a meeting, without prior notice and without a vote if a majority of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consent.
Appears in 17 contracts
Samples: Limited Liability Company Agreement (U.S. Shipping Finance Corp.), Limited Liability Company Agreement (U.S. Shipping Finance Corp.), Limited Liability Company Agreement (U.S. Shipping Finance Corp.)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted by law or by this Agreement to be taken at any meeting of by the Company Board may be taken by written consent, without a meeting, without prior notice and without a vote if such consent is executed by not less than a majority of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Notice of any such action taken without a meeting by the Company Board by less than unanimous written consent shall be promptly given within ten (10) days of the taking of such action to any Manager those Managers of record on the date when the written consent is first executed who did not sign such written consentparticipate in taking the action.
Appears in 12 contracts
Samples: Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.), Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.), Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.)
Action Without Meeting. Unless otherwise restricted by this Agreement, any action required or permitted to be taken at any meeting of the Company Board of Managers or of any committee thereof may be taken without a meeting, without prior notice and without a vote if a majority all members of the total number Board of Managers or the committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Board of any action taken by Managers or the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentcommittee, as the case may be.
Appears in 10 contracts
Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted by this Agreement or by applicable law to be taken at any a meeting of the Company Board of Managers may be taken without a meeting, without prior notice . The action shall be evidenced by a written consent action describing the action taken and without a vote if signed by a majority by number of the total number of Managers. Such action will be effective when the Managers sign the consent, unless the consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentspecifies a different effective date.
Appears in 10 contracts
Samples: Limited Liability Company Agreement (Currencyshares Chinese Renminbi Trust), Limited Liability Company Agreement (Currencyshares Japanese Yen Trust), Limited Liability Company Agreement (Currencyshares Swedish Krona Trust)
Action Without Meeting. Unless otherwise restricted by this Agreement, any action required or permitted to be taken at any meeting of the Company Board of Managers or of any committee thereof may be taken without a meeting, without prior notice and without a vote if a majority all members of the total number Board of Managers or the committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Board of any action taken by Managers or the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentcommittee, as the case maybe.
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting by the Board of the Company Board Managers may be taken without a meeting, meeting and without prior notice and without a vote if a majority of the total such number of Managers sufficient to approve such action pursuant to the Act or the terms of this agreement consent thereto in writing, and the writing . Such written consent or writings are consents shall be filed with the minutes of the proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers.
Appears in 8 contracts
Samples: Operating Agreement (Claymore MACROshares Oil Up Holding Trust), Operating Agreement (MacroShares $100 Oil Down Trust), Operating Agreement (Macro Inflation Depositor, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting of Members of the Company Board may be taken without a meeting, without prior notice and without a vote if a majority consent in writing setting forth the action so taken is signed by Members having not less than the minimum Percentage Interests that would be necessary to authorize or take such action at a meeting of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings Members. Prompt Notice of the Company Board. Written notice taking of any action taken pursuant to this Section 6.4 by less than the Company Board by unanimous written consent of the Members shall be promptly given to any Manager those Members who did have not sign such written consentconsented in writing.
Appears in 6 contracts
Samples: Operating Agreement (Duberstein Gary K), Operating Agreement (Greenmarine Acquisition Corp), Operating Agreement (Chiles Offshore LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting of Members of the Company Board may be taken without a meeting, without prior notice and without a vote if a majority consent in writing setting forth the action so taken is signed by Members having not less than the minimum Percentage Interest that would be necessary to authorize or take such action at a meeting of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings Members. Prompt Notice of the Company Board. Written notice taking of any action taken pursuant to this Section 6.4 by less than the Company Board by unanimous written consent of the Members shall be promptly given to any Manager those Members who did have not sign such written consentconsented in writing.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Plains All American Pipeline Lp)
Action Without Meeting. Unless otherwise restricted Any action by this Agreement, any action required or permitted to be taken at any meeting of the Company Board may be taken without a meeting, without prior notice and without a vote meeting if a majority of all the total number of Managers shall individually or collectively consent thereto in writing, and the writing to such action. Such written consent or writings are consents shall be filed with the minutes of the proceedings of the Company Board. Written notice Board and shall have the same force and effect as a majority vote of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers at a meeting duly held under Section 4.10 below.
Appears in 4 contracts
Samples: Operating Agreement (MGP Finance Co-Issuer, Inc.), Operating Agreement (MGP Finance Co-Issuer, Inc.), Operating Agreement (MGP Finance Co-Issuer, Inc.)
Action Without Meeting. Unless otherwise restricted by this Agreementthe Act, any action required or permitted to be taken at any meeting of the Company Board of Managers may be taken without a meeting, without prior notice and without a vote if a majority written consent thereto is signed by all members of the total number Board of Managers consent thereto in writingbefore or after such action, describing the action to be taken or previously taken, and included in the writing minutes of the Board of Managers or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentCompany’s records.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (HF Enterprises Inc.), Limited Liability Company Agreement (HF Enterprises Inc.), Limited Liability Company Agreement (SeD Intelligent Home Inc.)
Action Without Meeting. Unless Except as otherwise restricted by required under the Act or this Agreement, any action required or permitted to be taken at any a meeting of the Company Board may be taken without a meeting, without prior notice meeting and without a vote if a majority written consent describing the action so taken is signed by the Managers that would be necessary to authorize or take such action at a meeting of the total number Board as would be required under this Agreement. A copy of Managers such written consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken shall thereafter by promptly sent by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentexecuting same.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (LMF Commercial Mortgage Securities, LLC), Limited Liability Company Agreement (Rialto Commercial Mortgage Securities, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting that the Member of the Company Board could take at a meeting may be taken without a meetingmeeting if one or more written consents, without prior notice and without a vote if a majority of setting forth the total number of Managers consent thereto in writingaction taken, and shall be executed, before or after such action, by the writing or writings are filed Member. The consent(s) shall be delivered to the Company for filing with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentCompany’s records.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Vitamin Shoppe, Inc.), Limited Liability Company Agreement (Franchise Group, Inc.)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting of the Company Board of Managers may be taken without a meeting, without prior notice and without a vote if a majority of the total number of Managers that would be necessary to authorize or take such action at a meeting at which all Managers were present and voted consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company BoardBoard of Managers. Written Prompt notice of any each action taken by the Company Board Managers by written consent shall be promptly given to any each Manager who did not sign execute such written consent.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (U S Energy Systems Inc)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting by the Board of the Company Board Managers may be taken without a meeting, meeting and without prior notice and without a vote if a majority of the total such number of Managers sufficient to approve such action pursuant to the Act or the terms of this Agreement consent thereto in writing, and the writing . Such written consent or writings are consents shall be filed with the minutes of the proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers.
Appears in 2 contracts
Samples: Operating Agreement (MacroShares Housing Depositor, LLC), Operating Agreement (MacroShares $100 Oil Up Trust)
Action Without Meeting. Unless otherwise restricted by the Articles or this Agreement, any action required or permitted to be taken at any meeting of the Company Board of Directors may be taken without a meeting, without prior notice and without a vote meeting if a majority of such action is consented to in writing by the total number of Managers consent thereto in writingDirectors sufficient to approve such action at a meeting at which all Directors are present, the Company provides notice of such action to all other Directors, and the writing or writings are such written consent is filed with the minutes of proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentDirectors.
Appears in 2 contracts
Samples: Operating Agreement (Performance Capital Management LLC), Operating Agreement (Performance Capital Management LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting of by the Company Board Manager may be taken without a meeting, without prior notice and without a vote if a majority of the total number of Managers all managers individually or collectively consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Boardto such action. Written notice of any Such action taken by the Company Board by written consent shall have the same force and effect as a unanimous vote of the managers. Such written consent or consents shall be promptly given to any Manager who did not sign such written consentfiled with the LLC’s books and record.
Appears in 2 contracts
Samples: Operating Agreement (MVP REIT II, Inc.), Operating Agreement (MVP REIT II, Inc.)
Action Without Meeting. Unless otherwise restricted by this Agreement, any action required or permitted to be taken at any meeting of the Company Board of Managers or of any committee thereof may be taken without a meeting, without prior notice and without a vote if a majority the required number of members of the total number Board of Managers or the committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Board of any action taken by Managers or the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentcommittee, as the case may be.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any a Board of Managers’ meeting of the Company Board may be taken without a meeting, without prior notice and without a vote meeting if a majority of the total number of Managers holding votes sufficient to approve such action consent thereto in writing. Not less than two (2) business days prior to any proposed action by written consent, the Company shall provide notice of such proposed action and the writing or writings are filed with form of the written consent to all Managers. Following any such action by written consent, the Company shall provide notice of such action to all other Managers and deliver a copy of such consent to the Secretary for inclusion in the minutes of proceedings the Board of Managers of the Company BoardCompany. Written notice of any Action taken under this Section is effective when Managers holding votes sufficient to approve such action taken by have signed the Company Board by written consent, unless the consent shall be promptly given to any Manager who did not sign such written consentspecifies a different effective date.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Celadon Group Inc)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted by law or by this Agreement to be taken at any meeting of by the Company Board may be taken by written consent, without a meeting, without prior notice and without a vote . if such consent is executed by not less than a majority of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Notice of any such action taken without a meeting by the Company Board by less than unanimous written consent shall be promptly given within ten (10) days of the taking of such action to any Manager those Managers of record on the date when the written consent is first executed who did not sign such written consentparticipate in taking the action.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at by the Board of Managers under any meeting provision of the Company Board Act and under this Operating Agreement may be taken without a meeting, without prior notice and without a vote meeting if a majority all of the total number Managers of Managers the Company shall individually or collectively consent thereto in writing, and the writing to such action. Such written consent or writings are consents shall be filed with the minutes Minutes of the proceedings of the Company BoardBoard of Managers. Written notice of any Such action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consenthave the same force and effect as the unanimous vote of the Managers.
Appears in 1 contract
Action Without Meeting. Unless otherwise restricted by provided in this Agreement, any action required or permitted to be taken at any a meeting of the Company Managing Board may be taken without a meetingmeeting if the action is taken by all members of the Managing Board. Such action must be evidenced by one or more written consents signed by each member before or after such action, without prior notice describing the action taken, and included in the records of the Company. Action taken without a vote if meeting is effective when the last manager signs the consent, unless the consent specifies a majority of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentdifferent effective date.
Appears in 1 contract
Samples: Operating Agreement (Prime Medical Services Inc /Tx/)
Action Without Meeting. Unless otherwise restricted by this Agreement, any The Board of Directors may act without a meeting if the number of Directors sufficient to approve such action required or permitted to be taken at any a meeting of the Company Board may be taken without a meeting, without prior notice and without a vote if a majority of the total number of Managers Directors shall consent thereto in writingwriting to such action, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written such consent shall be given promptly given to any Manager who did all Directors not sign such consenting. The Company shall make a good faith effort to distribute the proposed written consentconsent to all Directors, including the dispatch of copies by mail to each Director at his or her address shown on the Company's records. Such written consent or consents shall be filed in the Company's minute book.
Appears in 1 contract
Samples: Operating Agreement (Kma Global Soulutions International Inc)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting by the Board of the Company Board Managers may be taken without a meeting, without prior notice and without a vote if a majority of all Managers to the total number Board of Managers consent thereto in writing, writing to such action. Such action by unanimous written consent shall have the same force and effect as a unanimous vote of the writing Board of Managers. Any such written consent or writings are consents shall be filed with the minutes of the proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers.
Appears in 1 contract
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any a Board of Directors meeting of the Company Board may be taken without a meeting, without prior notice and without a vote meeting if a majority of written consent, or consents, describing the total number of Managers consent thereto action taken is signed by each director and included in writing, the minutes and the writing or writings are filed with the minutes corporate records. The action is effective when the last director signs the consent, unless the consent specifies an earlier or later effective date. A consent signed under this section has the effect of proceedings an act of the Company Board. Written notice Board of Directors at a meeting and may be described as such in any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentdocument.
Appears in 1 contract
Action Without Meeting. Unless otherwise restricted by the ----------------------- Articles or this Agreement, any action required or permitted to be taken at any meeting of the Company Board of Directors may be taken without a meeting, without prior notice and without a vote meeting if a majority of such action is consented to in writing by the total number of Managers consent thereto in writingDirectors sufficient to approve such action at a meeting at which all Directors are present, the Company provides notice of such action to all other Directors, and the writing or writings are such written consent is filed with the minutes of proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentDirectors.
Appears in 1 contract
Samples: Operating Agreement (Performance Capital Management LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted to be taken at any meeting by the Board of the Company Board Managers may be taken without a meeting, meeting and without prior notice and without a vote if a majority of the total such number of Managers sufficient to approve such action pursuant to the terms of this agreement consent thereto in writing, and the writing . Such written consent or writings are consents shall be filed with the minutes of the proceedings of the Company Board. Written notice Board of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers.
Appears in 1 contract
Samples: Operating Agreement (MACRO Securities Depositor, LLC)
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action required or permitted by law or by this Agreement to be taken at any meeting of by the Company Board may be taken by written consent, without a meeting, without prior notice and without a vote if such consent is executed by not less than a majority of the total number of Managers consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Board. Written notice Notice of any such action taken without a meeting by the Company Board by less than unanimous written consent shall be promptly given within ten (10) days of the ‘taking of such action to any Manager those Managers of record on the date when the written consent is first executed who did not sign such written consentparticipate in taking the action.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Ruby Tuesday of Bryant, Inc.)
Action Without Meeting. Unless otherwise restricted Any action by this Agreement, any action required or permitted to be taken at any meeting the Board of the Company Board Managers may be taken without a meeting, without prior notice and without a vote meeting if a majority of the total that number of Managers as would be required to approve such action at a xxxx called meeting consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Company Boardthereto. Written notice of any action taken by the Company Board by written Such consent shall be promptly given to any Manager who did not sign such written consenttreated for all purposes as a vote of the Managers at a meeting.
Appears in 1 contract
Samples: Operating Agreement
Action Without Meeting. Unless otherwise restricted by this AgreementAny action required, any action required or permitted permitted, to be taken at any meeting of the Company Board of Managers may be taken without a meeting, without prior notice and without a vote meeting if a majority written consent thereto is signed by all of the total number of Managers and such written consent thereto in writing, and the writing or writings are is filed with the minutes of proceedings books and records of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentCompany.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cenex Harvest States Cooperatives)
Action Without Meeting. Unless otherwise restricted by this Agreement, any action Action required or permitted to be taken at any a meeting of the Company Board of Managers may be taken without a meetingmeeting if one or more written consents describing the action taken shall be signed, without prior notice and without a vote if a majority of before or after such action, by the total number of Managers consent thereto in writingas would be required to take the action at a meeting, and included in the writing minutes or writings are filed with the minutes of proceedings Company records. Action taken without a meeting is effective when the last Manager required for approval of the Company Board. Written notice of any action taken by signs the Company Board by written consent, unless the consent shall be promptly given to any Manager who did not sign such written consentspecifies a different effective date.
Appears in 1 contract
Action Without Meeting. Unless otherwise restricted by this Agreement, any Any action permitted or required or permitted to be taken at any meeting of by the Company Board Managers may be taken without a meeting, without prior notice and without a vote if meeting by written consent signed by a majority of the total number Managers, unless otherwise prohibited under the Act. An executed copy of Managers the written consent thereto in writing, and the writing or writings are shall be filed with the minutes of proceedings of the Company Board. Written notice of any action taken by the Company Board by written consent shall be promptly given to any Manager who did not sign such written consentManagers.
Appears in 1 contract
Samples: Operating Agreement (Ministry Partners Investment Corp)