Common use of EMERGENCY PROVISIONS Clause in Contracts

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 5 contracts

Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)

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EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 3 contracts

Samples: Merger Agreement (Walter Industries Inc /New/), Agreement and Plan of Merger (Walter Industries Inc /New/), Merger Agreement (Hanover Capital Mortgage Holdings Inc)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter charter or these Bylaws, this Section 3.16 3.13 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III Three of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 3 contracts

Samples: Amended and Restated Bylaws (Adams Diversified Equity Fund, Inc.), Amended and Restated Bylaws (Adams Natural Resources Fund, Inc.), Amended and Restated Bylaws (Adams Natural Resources Fund, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; , (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 twenty-four (24) hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 2 contracts

Samples: Master Combination Agreement (Colony NorthStar, Inc.), Master Combination Agreement (NorthStar Real Estate Income II, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylawsbylaws, this Section 3.16 3.19 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board board of Directors directors under Article III of these Bylaws bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board board of Directorsdirectors, (ia) a meeting of the Board board of Directors directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board board of Directors directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board board of Directorsdirectors.

Appears in 2 contracts

Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; , (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 twenty-four (24) hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.. Table of Contents

Appears in 1 contract

Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Merger Agreement (Mobile Infrastructure Corp)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an "Emergency"). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Merger Agreement (Walter Industries Inc /New/)

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EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 18 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television television, radio or radio; e-mail, and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Settlement Agreement (Strategic Realty Trust, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Merger Agreement (CYS Investments, Inc.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 17 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Merger Agreement (Varagon Capital Corp.)

EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an "Emergency"). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.

Appears in 1 contract

Samples: Merger Agreement (Two Harbors Investment Corp.)

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