Common use of Approval by Board Clause in Contracts

Approval by Board. A proposed amendment of the Articles or this Agreement shall be approved by the affirmative vote of the Board cast at either a regular meeting or a special meeting of the Board duly called for the purpose of voting on the amendment or by the written consent of all the Managers, provided, however, that no amendment purporting to limit or change the rights of the Members as described in Section 6.1 hereof will be binding upon the Company or the Members absent the unanimous consent of the Members thereto. Upon approval of any amendment as provided in this Section, all Managers, whether or not they voted for or consented to such amendment, shall be deemed to have consented to such amendment and shall be bound by the terms and provisions thereof as if they had so consented.

Appears in 5 contracts

Samples: Operating Agreement (Swift Transportation Co Inc), Operating Agreement (Us Xpress Enterprises Inc), Operating Agreement (Werner Enterprises Inc)

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