Common use of Dispute Resolution; Deadlock Clause in Contracts

Dispute Resolution; Deadlock. (a) The Members shall endeavor to settle, through their respective designees to the Board of Executive Officers, any disputes which may arise between them, including without limitation, failure by the Board of Executive Officers to reach agreement (or failure to take a vote) on any matter requiring Executive Officers approval pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive Officers). The Members shall attempt to resolve the issue or proposed action in question, to the extent practicable, in a manner consistent with the Company’s most recently approved Business Plan, unless the issue in dispute is the adoption of a new Business Plan, in which case, except as provided for in Section 6.3 of the Master Agreement, the provisions of Sections 10.3(c), (e) and (f) shall apply.

Appears in 2 contracts

Samples: Operating Agreement (Western Digital Corp), Operating Agreement (Sandisk Corp)

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Dispute Resolution; Deadlock. (a) The Members Shareholders shall endeavor to settle, through their respective designees to the Board of Executive OfficersDirectors, any disputes which may arise between them, including without limitation, failure by the Board of Executive Officers Directors to reach agreement (or failure to take a vote) on any matter requiring Executive Officers Directors approval pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors). The Members Shareholders shall attempt to resolve the issue or proposed action in question, to the extent practicable, in a manner consistent with the Company’s most recently approved Business Plan, unless the issue in dispute is the adoption of a new Business Plan, in which case, except as provided for in Section 6.3 of the Master Agreement, case the provisions of Sections 10.3(c), (e) and (f) shall apply.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement of Flash (Sandisk Corp)

Dispute Resolution; Deadlock. (a) The Members Unitholders shall endeavor to settle, through their respective designees to the Board of Executive OfficersDirectors, any disputes which may arise between them, including without limitation, failure by the Board of Executive Officers Directors to reach agreement (or failure to take a vote) on any matter requiring Executive Officers Board of Directors approval pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors). The Members Unitholders shall attempt to resolve the issue or proposed action in question, to the extent practicable, in a manner consistent with the Company’s 's most recently approved Business Plan, unless the issue in dispute is the adoption of a new Business Plan, in which case, except as provided for in Section 6.3 of the Master Agreement, case the provisions of Sections 10.3(c), (e) and (f) shall apply.

Appears in 1 contract

Samples: Sandisk Corp

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Dispute Resolution; Deadlock. (a) The Members Shareholders shall endeavor to settle, through their respective designees to the Board of Executive OfficersDirectors, any disputes disputes· which may arise between them, including without limitation, failure by the Board of Executive Officers Directors to reach agreement (or failure to take a vote) on any matter requiring Executive Officers Directors approval pursuant to Section 5.1(d) (Matters Requiring the Approval of the Board of Executive OfficersDirectors). The Members Shareholders shall attempt to resolve the issue or proposed action in question, to the extent practicable, in a manner consistent with the Company’s 's most recently approved Business Plan, unless the issue in dispute is the adoption of a new Business Plan, in which case, except as provided for in Section 6.3 of the Master Agreement, case the provisions of Sections 10.3(c), (e) and (f) shall apply.

Appears in 1 contract

Samples: Operating Agreement (Western Digital Corp)

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