Removal of a Member. (a) The Board shall remove a Member who fails to make a required Capital Contribution. The removed Member will have no right to appeal such a decision, and the removal shall be final and binding. (b) If the committee of the Board responsible for quality assurance and utilization management recommends the removal of a Member, the Board shall vote on such recommendation after conducting such investigation as its deems, in its sole discretion, appropriate. The Board shall make this decision by Supermajority Approval. The Board may establish, if it deems appropriate, an appeal mechanism for such decisions. Otherwise, the Board’s decision to remove a Member shall be final and binding on the Member. (c) A Member whom the Board removes will not be entitled to have his/her/its unit redeemed and shall forfeit to the Company his/her/its capital account.
Appears in 3 contracts
Samples: Operating Agreement, Operating Agreement, Operating Agreement
Removal of a Member. (a) The Board shall remove a Member who fails to make a required Capital Contribution. The removed Member will have no right to appeal such a decision, and the removal shall be final and binding.
(b) If the committee of the Board responsible for quality assurance and utilization management recommends the removal of a Member, for any reason including a Member no longer meeting the applicable membership criteria set forth in Section 2.4, the Board shall vote on such recommendation after conducting such investigation as its deems, in its sole discretion, appropriate. The Board shall make this decision by Supermajority Approval. The Board may establish, if it deems appropriate, an appeal mechanism for such decisions. Otherwise, the Board’s decision to remove a Member shall be final and binding on the Member.
(c) A Member whom the Board removes will not be entitled to have his/her/its unit redeemed and shall forfeit to the Company his/her/its capital account. Such Member’s Units will be canceled, and the Member shall have no further rights as a Member of the Company.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement