Quorum; Vote Required for Action. Subject to Section 4.9, at all meetings of the Board, one-third of the whole Board shall constitute a quorum for the transaction of business. Except in cases in which the Act, the Certificate of Formation or this Agreement otherwise provide, the vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Ally Auto Assets LLC), Limited Liability Company Agreement (Ally Wholesale Enterprises LLC), Limited Liability Company Agreement (Ally Auto Assets LLC)
Quorum; Vote Required for Action. Subject to Section 4.9, at At all meetings of the Board, one-third a majority of the whole Whole Board shall constitute a quorum for the transaction of business. If a quorum shall fail to attend any meeting, a majority of those present may adjourn the meeting to another place, date or time. Except as otherwise provided herein or in cases in which the Act, the Certificate of Formation Incorporation, or this Agreement otherwise providerequired by law, the vote of a majority of the Directors directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 3 contracts
Samples: Business Combination Agreement (Phoenix Biotech Acquisition Corp.), Agreement and Plan of Merger (890 5th Avenue Partners, Inc.), Business Combination Agreement (DPCM Capital, Inc.)
Quorum; Vote Required for Action. Subject to Section 4.9, at At all meetings of the Board, one-third a majority of the whole Whole Board shall constitute a quorum for the transaction of business. If a quorum shall fail to attend any meeting, a majority of those present may adjourn the meeting to another place, date or time without further notice thereof. Except as otherwise provided herein or in cases in which the Act, the Certificate of Formation Incorporation, or this Agreement otherwise providerequired by law, the vote of a majority of the Directors directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (InterPrivate II Acquisition Corp.), Agreement and Plan of Merger (VPC Impact Acquisition Holdings III, Inc.), Business Combination Agreement (Tortoise Acquisition Corp. II)
Quorum; Vote Required for Action. Subject to Section 4.9, at At all meetings of the Board, Board of Directors one-third of the whole entire Board shall constitute a quorum for the transaction of business. Except in cases in which the Act, the Certificate of Formation or this Agreement otherwise provide, the The vote of a majority of the Directors directors present at a meeting at which a quorum is present shall be the act of the BoardBoard unless the certificate of incorporation or these by-laws shall require a vote of a greater number. In case at any meeting of the Board a quorum shall not be present, the members of the Board present may adjourn the meeting from time to time until a quorum shall be present.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (United Rentals North America Inc), Agreement and Plan of Merger (NextWave Wireless Inc.)
Quorum; Vote Required for Action. Subject to Section 4.9, at At all meetings of the Board, one-third of the whole full Board shall constitute constitutes a quorum for the transaction of business. Except in cases in which the Act, the Certificate of Formation or this Agreement otherwise provide, the vote of a majority of the Directors Board members present at a meeting at which a quorum is present shall be constitutes the act of the Board.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Gmac LLC), Limited Liability Company Agreement (Residential Capital, LLC)
Quorum; Vote Required for Action. Subject to Section 4.9, at all meetings of the Board, one-third of the whole Board (excluding any Independent Director except in those instances where an Independent Director’s vote is required) shall constitute a quorum for the transaction of business. Except in cases in which the LLC Act, the Certificate Articles of Formation Organization or this Agreement otherwise provide, the vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (John Deere Receivables LLC), Limited Liability Company Agreement (John Deere Receivables LLC)
Quorum; Vote Required for Action. Subject to Section 4.9, at all meetings of the Board, one-third of the whole Board shall constitute a quorum for the transaction of business. Except in cases in which the LLC Act, the Certificate of Formation or this Agreement otherwise provide, the vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 1 contract
Samples: Carvana Receivables Depositor LLC
Quorum; Vote Required for Action. Subject to Section 4.9Except as otherwise provided herein or in the Certificate of Incorporation, or required by law, at all meetings of the Board, one-third a majority of the whole Whole Board shall constitute a quorum for the transaction of business. Except as otherwise provided herein or in cases in which the Act, the Certificate of Formation Incorporation, or this Agreement otherwise providerequired by law, the each direct present shall cast a single vote of and a vote equal to a majority of the Directors votes of the directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 1 contract
Samples: Omnibus Investor Agreement (iFit Health & Fitness Inc)
Quorum; Vote Required for Action. Subject to Section 4.93.2 above, at all meetings a majority of the Board, one-third of the whole Whole Board shall constitute a quorum for the transaction of businessbusiness at any meeting of the Board. If a quorum shall fail to attend any meeting, a majority of those present may adjourn the meeting to another place, date or time without further notice thereof. Except as otherwise provided herein or in cases in which the Act, the Certificate of Formation Incorporation, or this Agreement otherwise providerequired by law, the vote of a majority of the Directors directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Petra Acquisition Inc.)
Quorum; Vote Required for Action. Subject to Section 4.9, at all meetings of the Board, one-third of the whole Board board shall constitute a quorum for the transaction of business. Except in cases in which the Act, the Certificate of Formation or this Agreement otherwise provide, the vote of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Wholesale Auto Receivables LLC)