Common use of DISPUTES OF MEMBERS Clause in Contracts

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against the Company or other Members. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the Act, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

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DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against under Sections 55 or 56 of the Company or other MembersAct. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member Manager(s) shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against the Company or other Membersunder this Agreement. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(sManager(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against under Section 8881 of the Company or other MembersAct. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 8882 of the Act, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against under Section 00-00-000 of the Company or other MembersAct. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between among the Members prior to any Member bringing a direct action against the Company or other Membersunder this Agreement. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

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DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against under Section 17709.02 of the Company or other MembersAct. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against the Company or other Members. Members may maintain a derivative action to enforce a right of the Company in accordance with Section 2300-1800-8-1 000 of the Act, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

DISPUTES OF MEMBERS. Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member Manager(s) shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action against derivative proceeding under Section 7-80-713 of the Company or other MembersAct. Subject to Section 7-80-714 of the Act, Members may maintain a derivative action to enforce a right of the Company in accordance with Section 23-18-8-1 of the ActCompany, provided the acting Member properly demands the other Member(sManager(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

Appears in 1 contract

Samples: Operating Agreement

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