Presumption of Assent. A Manager who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board action is taken is deemed to have assented to the action taken unless (i) he objects at the beginning of the meeting, or promptly upon his arrival, to the holding of the meeting or to transacting business at the meeting, (ii) his dissent or abstention from the action taken is entered in the minutes of the meeting, or (iii) he files written notice of his dissent or abstention with the presiding chairman of the meeting before its adjournment or with the Company immediately after the adjournment of the meeting. Such right of dissent or abstention is not available to a Manager who votes in favor of the action taken.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Hanover Capital Mortgage Holdings Inc), Limited Liability Company Agreement (Mueller Group, Inc.), Limited Liability Company Agreement (Hanover Capital Mortgage Holdings Inc)
Presumption of Assent. A Manager who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board action is taken is deemed to have assented to the action taken unless (i) he the Manager objects at the beginning of the meeting, or promptly upon his the Manager’s arrival, to the holding of the meeting or to transacting business at the meeting, (ii) his the Manager’s dissent or abstention from the action taken is entered in the minutes of the meeting, or (iii) he the Manager files written notice of his the Manager’s dissent or abstention with the presiding chairman of Administrative Agent for filing in the meeting before its adjournment Fund’s records either at or with the Company immediately after the adjournment of the meeting. Such right of dissent or abstention is not available to a Manager who votes in favor of the action taken.
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Samples: Limited Liability Company Agreement (Capitala Finance Corp.), Limited Liability Company Agreement (Capitala Finance Corp.)
Presumption of Assent. A Manager who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board action is taken is deemed to have assented to the action taken unless (i) he or she objects at the beginning of the meeting, or promptly upon his or her arrival, to the holding of the meeting or to transacting business at the meeting, (ii) his or her dissent or abstention from the action taken is entered in the minutes of the meeting, or (iii) he or she files written notice of his or her dissent or abstention with the presiding chairman individual of the meeting before its adjournment or with the Company immediately after the adjournment of the meeting. Such right of dissent or abstention is not available to a Manager who votes in favor of the action taken.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Motorsport Gaming Us LLC), Limited Liability Company Agreement (Motorsport Gaming Us LLC)
Presumption of Assent. A Manager who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board action is taken is deemed to have assented to the action taken unless (i) he objects at the beginning of the meeting, or promptly upon his arrival, to the holding of the meeting or to transacting business at the meeting, or (ii) his dissent or abstention from the action taken is entered in the minutes of the meeting, or (iii) he files written notice of his dissent or abstention with the presiding chairman of the meeting before its adjournment or with the Company immediately after the adjournment of the meeting. Such right of dissent or abstention is not available to a Manager who votes in favor of the action taken.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Duke Capital LLC)
Presumption of Assent. A Manager Director who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board at which action on any matter is taken is deemed shall be presumed to have assented to the action taken unless unless: (ia) he the Director objects at the beginning of the meeting, meeting (or promptly properly upon his the Director’s arrival, ) to the holding of the meeting or to transacting business at the meeting, ; (iib) his the Director’s dissent or abstention from the action taken is entered in the minutes of the meeting, ; or (iiic) he files the Director delivers written notice Notice of his the Director’s dissent or abstention with to the presiding chairman officer of the meeting before its adjournment or with to the Secretary of the Company immediately after the adjournment of the meeting. Such The right of to dissent or abstention is shall not available apply to a Manager Director who votes voted in favor of the action takensuch action.
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Presumption of Assent. A Manager who is present at a meeting --------------------- of the Board of Managers or a committee of the Board of Managers when board Company action is taken is deemed to have assented to the action taken unless (i) he or she objects at the beginning of the meeting, or promptly upon his or her arrival, to the holding of the meeting it or to transacting business at the meeting, (ii) his or her dissent or abstention from the action taken is entered in the minutes of the meeting, or (iii) he files or she delivered written notice of his or her dissent or abstention with to the presiding chairman officer of the meeting before its adjournment or with to the Company immediately after the adjournment of the meeting. Such The right of dissent or abstention is shall not be available to a Manager who votes in favor of the action taken.
Appears in 1 contract
Samples: Asset Contribution Agreement (Unified Financial Services Inc)
Presumption of Assent. A Any Member or Manager who is present at a meeting of if the Board of Managers Members or a committee of the Board of Managers when board Company action is taken is deemed to have assented to the action taken unless the Member or Manager: (ia) he objects at the beginning of the meeting, or promptly upon his arrival, meeting to the holding of the meeting or to transacting business at the meeting and does not thereafter assent to any action taken at the meeting, ; (iib) contemporaneously requests that his or her dissent or abstention from the as to any specific action taken is entered be recorded in the minutes of the meeting, ; or (iiic) he files causes written notice of his or her dissent or abstention with as to any specific action be received by the presiding chairman of the meeting Company before its adjournment or with the Company immediately after the adjournment of the meeting. Such The right of dissent or abstention is not available to a Member or Manager who votes in favor of the action taken.
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Presumption of Assent. A Manager who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board action is taken is deemed to have assented to the action taken unless (i) he or she objects at the beginning of the meeting, or promptly upon his or her arrival, to the holding of the meeting or to transacting business at the meeting, (ii) his or her dissent or abstention from the action taken is entered in into the minutes of the meeting, or (iii) he or she files written notice of his or her dissent or abstention with the presiding chairman of the meeting before its adjournment adjournment, or with the Company immediately after the adjournment of the meeting. Such right of dissent or abstention is not available to a Manager who votes in favor of the action taken.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Green Tree SerVertis Acquisition LLC)
Presumption of Assent. A Manager director who is present at a meeting of the Board of Managers board or a committee of the Board of Managers board when board corporate action is taken is deemed to have assented to the action taken unless unless: (ia) he or she objects at the beginning of the meeting, or promptly upon his arrival, such meeting to the holding of the meeting or to the transacting of business at the meeting, ; (iib) he or she contemporaneously requests that his or her dissent or abstention from the action taken is be entered in the minutes of the such meeting, ; or (iiic) he files or she gives written notice of his or her dissent or abstention with to the presiding chairman officer of the such meeting before its adjournment or with to the Company secretary of the corporation immediately after the adjournment of the such meeting. Such right of dissent as to a specific action taken in a meeting of the board or abstention is a committee shall not be available to a Manager director who votes in favor of the action takensuch action.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MTR Gaming Group Inc)
Presumption of Assent. A Manager voting member who is present at a meeting of the Board of Managers or a committee of the Board of Managers when board --------------------- at which action on any matter is taken is deemed to have assented to the action taken unless (ia) he he/she objects at the beginning of the meeting, or promptly upon his arrival, such meeting to the holding of the meeting or to the transacting of business at the meeting, ; (iib) his he/she contemporaneously requests that his/her dissent or abstention from the action taken is be entered in the minutes of the meeting, ; or (iiic) he files he/she gives written notice of his his/her dissent or abstention with to the presiding chairman officer of the meeting before its adjournment or with to the Secretary of Company immediately after the adjournment of the meeting. Such The right of dissent or abstention as to a specific action taken in a meeting is not available to a Manager voting member who votes in favor of the action takensuch action.
Appears in 1 contract
Samples: Operating Agreement (Integrated Medical Systems Inc)