Common use of Actions Without a Meeting and Telephone Meetings Clause in Contracts

Actions Without a Meeting and Telephone Meetings. Notwithstanding any provision contained in this Article VI, all actions of the Members provided for herein may be taken by written consent without a meeting, or any meeting of the Members may be held by means of a conference telephone or other method or device provided that all Members participating may simultaneously hear each other during the meeting (and any Member participating through such means will be deemed to be present in person at the meeting). Any such action to be taken by the Members without a meeting shall be effective only if the written consent or consents are in writing, set forth the action so taken, and are signed by the holder or holders of Units constituting not less than the minimum votes that would be necessary to take such action at a meeting at which the holders of all Units entitled to vote on or consent to the action were present and voted. In the event action is taken by written consent executed by less than all of the Members entitled to vote on such action, the Members who did not participate in taking the action shall be given written notice of the action not more than then (10) days after the taking of the action without a meeting; provided that the failure to give such notice will not invalidate the action so taken.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement (Ada-Es Inc), Operating Agreement (Ada-Es Inc)

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Actions Without a Meeting and Telephone Meetings. Notwithstanding any provision contained in this Article VI, all actions of the Members provided for herein may be taken by written consent without a meeting, or any meeting of the Members thereof may be held by means of a conference telephone or other method or device provided that all Members participating may simultaneously hear each other during the meeting (and any Member participating through such means will be deemed to be present in person at the meeting). Any such action to which may be taken by the Members without a meeting shall be effective only if the written consent or consents are in writing, set forth the action so taken, and are signed by the holder or holders of Units constituting not less than the minimum votes amount of Units that would be necessary to take such action at a meeting at which the holders of all Units entitled to vote on or consent to the action were present and voted. In the event action is taken by written consent executed by less than all of the Members entitled to vote on such the action, the Members who did not participate in taking the action shall be given written notice of the action not more than then (10) days after the taking of the action without a meeting; provided that the failure to give such notice will not invalidate the action so taken.

Appears in 1 contract

Samples: Operating Agreement (Ada-Es Inc)

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