Common use of Voting by Notice Clause in Contracts

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four (24) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen (15) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two (2) Days after receipt of Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the results of the vote.

Appears in 4 contracts

Samples: Joint Operating Agreement (Bontan Corp Inc), Joint Operating Agreement (Bontan Corp Inc), Joint Operating Agreement (Geoglobal Resources Inc.)

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Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Unit Operating Committee for a vote by notice. The proposing Party or Parties shall notify Unit Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Unit Operator considers such operational matter to require urgent determination. Unit Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Unit Operator and the other Parties within one of the following appropriate time periods after receipt of Unit Operator’s notice: (1) (a) twenty-four (24) hours in the case of operations which involve the use of a drilling rig or vessel that is standing by in the Contract Unit Area specifically for the purpose of conducting such operations, and such (b) seventy two (72) hours in case of any other operational matters reasonably considered by Unit Operator to require by their nature urgent determination (such operations (a) and matters (b) together being referred to as “Urgent Operational Matters”); and (2) fifteen Ten (1510) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(18.12(A)(1), any Party or group of Parties holding individually or collectively a Unit Interest of at least ten percent (10%) may, by notice delivered to all Parties within two ten (210) Days after of receipt of Unit Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Unit Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 2 contracts

Samples: Unitization and Unit Operating Agreement, Unitization and Unit Operating Agreement (Kosmos Energy Ltd.)

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four (24Forty Eight(48) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen (15Fifteen(15) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two five (25) Days after of receipt of Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Hyperdynamics Corp), Operating Agreement (Hyperdynamics Corp)

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four (24) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as "Urgent Operational Matters"); and (2) fifteen five (155) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two (2) Days after receipt of Operator’s noticethe period set out in Article 5.12(A)(2), request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: Joint Operating Agreement (Fortune Oil & Gas Inc)

Voting by Notice. (A) In lieu of a meeting, any Party Operator may submit any proposal to for a decision of the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give giving each Party’s representative proper notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decisionsubmitted. Each Party shall communicate its vote by proper notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s 's notice: (1) twentyForty-four eight (2448) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); andArea. (2) fifteen Fifteen (15) Days in the case of all other proposals. (3) Fifteen (15) Days in the case of an AFE or supplemental AFE if submitted for approval pursuant to Article 6.6(A). (B) Except in the case of Article 5.12(A)(1), any Party may, Non- Operator may by notice delivered to all Parties within two five (25) Days after of receipt of Operator’s notice, 's notice request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10X, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: International Operating Agreement (Seven Seas Petroleum Inc)

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted including, if such proposal deals with matters involving Joint Operations or Exclusive Operations, and whether Operator considers such operational matter proposal to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four (24) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen twenty-one (1521) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered deliver to all Parties within two five (25) Days after of receipt of Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: Joint Operating Agreement

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four (24) 48 hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen Six (156) Business Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two (2) Business Days after of receipt of Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against for (in favor of) such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: International Operating Agreement (Geoglobal Resources Inc.)

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Voting by Notice. (Aa) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator the Service Provider who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decisionsubmitted. Each Party shall communicate its vote by notice to Operator the Chairman and the other Parties within one of the following appropriate time periods after receipt of Operatorthe Service Provider’s notice: (1i) twenty-four (24) hours in the case of operations which involve the use of a drilling rig or seismic vessel that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”)Area; and (2ii) fifteen fourteen (1514) Days in the case of all other proposals. (Bb) Except in the case of Article 5.12(A)(1)6.1, any Party may, may by notice delivered to all other Parties within two seven (27) Days after of receipt of Operatorthe Chairman’s notice, notice request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (Cc) Except as provided in Article 1011, any Party failing to communicate its vote in a timely manner or abstaining from voting accordance with the time periods specified in Article 6.12(a) shall be deemed to have voted against for such proposal. (Dd) If a meeting is not requested, then at the expiration of the appropriate time period, Operator the Service Provider shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: Asset Purchase Agreement (AsherXino Corp)

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify Operator who shall give each Party’s representative notice describing the proposal so submitted and whether Operator considers such operational matter to require urgent determination. Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to Operator and the other Parties within one of the following appropriate time periods after receipt of Operator’s notice: (1) twenty-four Twelve (2412) hours in the case of operations which involve the use of a drilling rig equipment that is standing by in the Contract Area and such other operational matters reasonably considered by Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen Three (153) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two one (21) Days after Day of receipt of Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 109, any Party failing to communicate its vote in a timely manner or abstaining from voting shall be deemed to have voted against for such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the tabulation and results of the vote.

Appears in 1 contract

Samples: Operating Agreement (Refinery Science Corp)

Voting by Notice. (A) In lieu of a meeting, any Party may submit any proposal to the Operating Committee for a vote by notice. The proposing Party or Parties shall notify the Operator who shall give each Party’s representative notice describing the proposal so submitted including, if such proposal deals with matters involving Joint Operations or Exclusive Operations, and whether the Operator considers such operational matter proposal to require urgent determination. The Operator shall include with such notice adequate documentation in connection with such proposal to enable the Parties to make a decision. Each Party shall communicate its vote by notice to the Operator and the other Parties within one of the following appropriate time periods after receipt of the Operator’s notice: (1) twenty-four (24) hours in the case of operations which involve the use of a drilling rig that is standing by in the Contract Area and such other operational matters reasonably considered by the Operator to require by their nature urgent determination (such operations and matters being referred to as “Urgent Operational Matters”); and (2) fifteen twenty-one (1521) Days in the case of all other proposals. (B) Except in the case of Article 5.12(A)(1), any Party may, by notice delivered to all Parties within two five (25) Days after of receipt of the Operator’s notice, request that the proposal be decided at a meeting rather than by notice. In such an event, that proposal shall be decided at a meeting duly called for that purpose. (C) Except as provided in Article 10, any Party failing to communicate its vote in a timely manner within the time periods set out at Article 5.12(A)(1) or abstaining from voting (2), as appropriate, shall be deemed to have voted against such proposal. (D) If a meeting is not requested, then at the expiration of the appropriate time period, Operator shall give each Party a confirmation notice stating the results of the vote.

Appears in 1 contract

Samples: Joint Operating Agreement

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