Common use of Enabling Action Clause in Contracts

Enabling Action. (a) If any amendment to the Articles and/or of the Bylaws of the Company, or any other action requiring the vote, consent or approval of the shareholders of the Company, is required in order to make permissible or lawful any of the purchases of its own Shares which the Company may be obligated or entitled to make in accordance with the terms of this Agreement, then the Employee Shareholders agree to vote all Employee Shares then held by them in favor of, or shall consent in writing to, such amendment or action, whether such amendment or action is voted upon or consented to at, prior to or after the time of such purchase or purchases by the Company.

Appears in 2 contracts

Samples: Shareholders Agreement (Metretek Technologies Inc), Shareholders Agreement (Metretek Technologies Inc)

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Enabling Action. (a) If any amendment to the Articles Certificate and/or of the Bylaws of the Company, or any other action requiring the vote, consent or approval of the shareholders of the Company, is required in order to make permissible or lawful any of the purchases of its own Shares which the Company may be obligated or entitled to make in accordance with the terms of this Agreement, then the Employee Shareholders agree to vote all Employee Shares then held by them in favor of, or shall consent in writing to, such amendment or action, whether such amendment or action is voted upon or consented to at, prior to or after the time of such purchase or purchases by the Company.

Appears in 1 contract

Samples: Shareholders Agreement (Metretek Technologies Inc)

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Enabling Action. (a) If any amendment to the Articles Certificate and/or of the Bylaws By-Laws of the Company, or any other action requiring the vote, consent or approval of the shareholders of the CompanyStockholders, is required in order to make permissible or lawful any of the purchases of its own Shares which the Company may be obligated or entitled to make in accordance with the terms of this Agreement, then the Employee Shareholders agree to such Initial Stockholder shall vote all Employee Shares then of the Company at the time held by them him in favor of, or shall consent in writing to, such amendment or action, whether such amendment or action is voted upon or consented to at, prior to or after the time of such purchase or purchases by the Company.

Appears in 1 contract

Samples: Stockholders Agreement (Metretek Technologies Inc)

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