Withdrawal and Removal of Members. 15.1 An "A" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than six months' notice in writing to the Company and the other Members. 15.2 A "B" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than three months' notice in writing to the Company and the other Members. 15.3 In accordance with clause 6.1.6, at the end of each financial year, the "A" Members shall confirm to the Company the percentage of its total procurement for that "A" Member of dwellings to support the discharge of its statutory responsibilities for homeless households or those at risk of homelessness (excluding nightly paid properties or properties outside of the London area) that was undertaken via the Company that financial year. In the event that this percentage is less than 50% the "A" Members have the discretion to terminate the "A" Member's Membership in accordance with the procedure set out in article 12.14. 15.4 For the purposes of the calculation of the percentage referenced in clause 15.3 above, this will be calculated from the date of entry as an "A" Member to the end of that financial year for the initial year of membership, and subsequently shall be calculated every full financial year. 15.5 Subject to compliance with the provisions of articles 12.3 and 12.6 of the Articles, in the event that an "A" Member's Membership is terminated in accordance with clause 15.3, the "A" Member may be re-admitted to the Membership of the Company as a "B" Member. 15.6 Any Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than twelve months' notice in writing to the Company and the other Members. 15.7 With the exception of any money reimbursed to a Member under clause 6.5, a Member shall not be entitled to any refund of any amount paid to the Company as a consequence of ceasing to be a party to this Deed or ceasing to be a member of the Company. 15.8 On the withdrawal of a Member, their Service Level Agreement will, unless otherwise agreed, be deemed to have been terminated on the date of withdrawal except as otherwise agreed by the withdrawing Member and the Company. 15.9 Notwithstanding that a Member shall cease to be a party to this Deed, it shall not be released from any liabilities or rights of action accrued against it under or in connection with this Deed up to the date of its ceasing to be a party and that Member shall continue to be bound by those provisions of this Deed which are expressed to continue following termination of this Deed. The Deed shall continue in force in relation to the remaining parties including any party having entered into a Deed of Adherence. 15.10 A Member (the Defaulting Member) shall cease to be a Member in the event that: 15.10.1 it commits a serious breach of this Deed; or 15.10.2 it persistently breaches this Deed; and the breach (if capable of remedy) is not rectified within 20 Business Days of written notice having been given to the Defaulting Member requiring it to rectify such breach or breaches and the remaining Members agree by majority vote at a duly convened general meeting or in writing that the Defaulting Member's membership shall cease.
Appears in 3 contracts
Samples: Members’ Agreement, Members’ Agreement, Members’ Agreement
Withdrawal and Removal of Members. 15.1 An "A" A Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than six months' notice in writing to the Company and the other Members.
15.2 A "B" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than three months' notice in writing to the Company and the other Members.
15.3 In accordance with clause 6.1.6clause6.1.6, at the end of each financial year, the "A" Members shall confirm to the Company the percentage of its total procurement for that "A" Member of dwellings to support the discharge of its statutory responsibilities for homeless households or those at risk of homelessness (excluding nightly paid properties or properties outside of the London area) that was undertaken via the Company that financial year. In the event that this percentage is less than 50% the "A" Members have the discretion to terminate the "A" Member's Membership in accordance with the procedure set out in article 12.1412.9.
15.4 15.3 For the purposes of the calculation of the percentage referenced in clause 15.3 above15.2above, this will be calculated from the date of entry as an "A" a Member to the end of that financial year for the initial year of membership, and subsequently shall be calculated every full financial year.
15.5 15.4 Subject to compliance with the provisions of articles 12.3 and 12.6 12.9 of the Articles, in the event that an "A" a Member's Membership is terminated in accordance with clause 15.3, the "A" Member may be re-admitted to the Membership of the Company as a "B" MemberCompany.
15.6 Any Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than twelve months' notice in writing to the Company and the other Members.
15.7 15.5 With the exception of any money reimbursed to a Member under clause 6.5, a Member shall not be entitled to any refund of any amount paid to the Company as a consequence of ceasing to be a party to this Deed or ceasing to be a member of the Company.
15.8 15.6 On the withdrawal of a Member, their Service Level Agreement will, unless otherwise agreed, will be deemed to have been terminated on the date of withdrawal except as otherwise agreed by the withdrawing Member and the Company.
15.9 15.7 Notwithstanding that a Member shall cease to be a party to this Deed, it shall not be released from any liabilities or rights of action accrued against it under or in connection with this Deed up to the date of its ceasing to be a party and that Member shall continue to be bound by those provisions of this Deed which are expressed to continue following termination of this Deed. The Deed shall continue in force in relation to the remaining parties including any party having entered into a Deed of Adherence.
15.10 15.8 A Member (the Defaulting Member) shall cease to be a Member in the event that:
15.10.1 15.8.1 it commits a serious breach of this Deed; or
15.10.2 15.8.2 it persistently breaches this Deed; and the breach (if capable of remedy) is not rectified within 20 Business Days of written notice having been given to the Defaulting Member requiring it to rectify such breach or breaches and the remaining Members agree by majority vote at a duly convened general meeting or in writing that the Defaulting Member's membership shall cease.
Appears in 2 contracts
Samples: Members’ Agreement, Members’ Agreement
Withdrawal and Removal of Members. 15.1 An "A" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than six months' notice in writing to the Company and the other Members.
15.2 A "B" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than three months' notice in writing to the Company and the other Members.
15.3 In accordance with clause 6.1.6, at the end of each financial year, the "A" Members shall confirm to the Company the percentage of its total procurement for that "A" Member of dwellings to support the discharge of its statutory responsibilities for homeless households (or those at risk of homelessness (excluding nightly paid properties or properties outside of the London areahomelessness) that was undertaken via the Company that financial year. In the event that this percentage is less than 50% the "A" Members have the discretion to terminate the "A" Member's Membership in accordance with the procedure set out in article 12.14.
15.4 For the purposes of the calculation of the percentage referenced in clause 15.3 above, this will be calculated from the date of entry as an "A" Member to the end of that financial year for the initial year of membership, and subsequently shall be calculated every full financial year.
15.5 Subject to compliance with the provisions of articles 12.3 and 12.6 of the Articles, in the event that an "A" Member's Membership is terminated in accordance with clause 15.3, the "A" Member may be re-admitted to the Membership of the Company as a "B" Member.
15.6 Any Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than twelve months' notice in writing to the Company and the other Members.
15.7 With the exception of any money reimbursed to a Member under clause 6.5, a Member shall not be entitled to any refund of any amount paid to the Company as a consequence of ceasing to be a party to this Deed or ceasing to be a member of the Company.
15.8 On the withdrawal of a Member, their Service Level Agreement Contract will, unless otherwise agreed, be deemed to have been terminated on the date of withdrawal except as otherwise agreed by the withdrawing Member and the Company.
15.9 Notwithstanding that a Member shall cease to be a party to this Deed, it shall not be released from any liabilities or rights of action accrued against it under or in connection with this Deed up to the date of its ceasing to be a party and that Member shall continue to be bound by those provisions of this Deed which are expressed to continue following termination of this Deed. The Deed shall continue in force in relation to the remaining parties including any party having entered into a Deed of Adherence.
15.10 A Member (the Defaulting Member) shall cease to be a Member in the event that:
15.10.1 it commits a serious breach of this Deed; or
15.10.2 it persistently breaches this Deed; and the breach (if capable of remedy) is not rectified within 20 Business Days of written notice having been given to the Defaulting Member requiring it to rectify such breach or breaches and the remaining Members agree by majority vote at a duly convened general meeting or in writing that the Defaulting Member's membership shall cease.
Appears in 1 contract
Samples: Members’ Agreement
Withdrawal and Removal of Members. 15.1 An "A" 10.1 A Member may (but not otherwise, save with the express consent of all other Members) cease to be a party to this Deed Agreement and cease to be a member Member of the Company upon satisfaction of all the following conditions:-
10.1.1 the relevant Member (the “Withdrawing Member”) giving not less than six 12 months' ’ notice in writing of its intention to cease to be a Member of the Company (such notice period shall be capable of variation in writing between a Member and the Company) to the Company and the all other Members.
15.2 A "B" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than three months' notice in writing to the Company and the other Members.
15.3 In accordance with clause 6.1.6, at the end of each financial year, the "A" Members shall confirm to the Company the percentage of its total procurement for that "A" Member of dwellings to support the discharge of its statutory responsibilities for homeless households or those at risk of homelessness (excluding nightly paid properties or properties outside of the London area) that was undertaken via the Company that financial year. In the event save that this percentage is less than 50% the "A" Members have the discretion to terminate the "A" Member's Membership in accordance with the procedure set out in article 12.14.
15.4 For the purposes of the calculation of the percentage referenced in clause 15.3 above, this will be calculated from the date of entry as an "A" Member to the end of that financial year for the initial year of membership, and subsequently shall be calculated every full financial year.
15.5 Subject to compliance with the provisions of articles 12.3 and 12.6 of the Articles, in the event that an "A" Member's Membership is terminated in accordance with clause 15.3, the "A" Member may be re-admitted to the Membership of the Company as a "B" Member.
15.6 Any Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than twelve months' notice in writing to the Company and the other Members.
15.7 With the exception of any money reimbursed to a Member under clause 6.5, a Member requirement shall not be entitled apply to any refund of any amount paid to the Company as a consequence of party ceasing to be a party to this Deed or ceasing to be a member Member of the Company.Company pursuant to Clauses 4.8 or 6.7 above); and
15.8 On 10.1.2 satisfaction of any other conditions or stipulations relating to the withdrawal of a Member, their Service Level Agreement will, unless otherwise agreed, be deemed to have been terminated on any Member from the date of withdrawal except Company as otherwise agreed determined by the withdrawing Member and the CompanyCompany in general meeting from time to time.
15.9 Notwithstanding 10.2 For the avoidance of doubt, the Members agree and confirm that, notwithstanding that a the Withdrawing Member shall cease to be a party to this DeedAgreement, it the Withdrawing Member shall not be released from any liabilities or rights of action accrued against it under or in connection with this Deed up to Agreement and shall remain bound by the date undertakings given in clauses 9 and 16 of its this Agreement.
10.3 Upon ceasing to be a party and that Member of the Company on any grounds whatsoever the relevant Withdrawing Member shall continue to be bound by those provisions procure that any of this Deed which are expressed to continue following termination its employees appointed as a Representative Director of this Deed. The Deed the Company shall continue in force in relation forthwith deliver to the remaining parties including any party having entered into Company a Deed letter of Adherenceresignation from the office of director, such resignation to take immediate effect.
15.10 A Member (the Defaulting Member) shall cease to be a Member in the event that:
15.10.1 it commits a serious breach of this Deed; or
15.10.2 it persistently breaches this Deed; and the breach (if capable of remedy) is not rectified within 20 Business Days of written notice having been given to the Defaulting Member requiring it to rectify such breach or breaches and the remaining Members agree by majority vote at a duly convened general meeting or in writing that the Defaulting Member's membership shall cease.
Appears in 1 contract
Samples: Members' Agreement
Withdrawal and Removal of Members. 15.1 An "A" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than six months' notice in writing to the Company and the other Members.
15.2 A "B" Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than three months' notice in writing to the Company and the other Members.
15.3 In accordance with clause 6.1.6, at the end of each financial year, the "A" Members shall confirm to the Company the percentage of its total procurement for that "A" Member of dwellings to support the discharge of its statutory responsibilities for homeless households households( or those at risk of homelessness (excluding nightly paid properties or properties outside of the London area) that was undertaken via the Company that financial year. In the event that this percentage is less than 50% the "A" Members have the discretion to terminate the "A" Member's Membership in accordance with the procedure set out in article 12.14.
15.4 For the purposes of the calculation of the percentage referenced in clause 15.3 above, this will be calculated from the date of entry as an "A" Member to the end of that financial year for the initial year of membership, and subsequently shall be calculated every full financial year.
15.5 Subject to compliance with the provisions of articles 12.3 and 12.6 of the Articles, in the event that an "A" Member's Membership is terminated in accordance with clause 15.3, the "A" Member may be re-admitted to the Membership of the Company as a "B" Member.
15.6 Any Member may cease to be a party to this Deed and cease to be a member of the Company upon giving not less than twelve months' notice in writing to the Company and the other Members.
15.7 With the exception of any money reimbursed to a Member under clause 6.55.5, a Member shall not be entitled to any refund of any amount paid to the Company as a consequence of ceasing to be a party to this Deed or ceasing to be a member of the Company.
15.8 On the withdrawal of a Member, their Service Contract Level Agreement will, unless otherwise agreed, be deemed to have been terminated on the date of withdrawal except as otherwise agreed by the withdrawing Member and the Company.
15.9 Notwithstanding that a Member shall cease to be a party to this Deed, it shall not be released from any liabilities or rights of action accrued against it under or in connection with this Deed up to the date of its ceasing to be a party and that Member shall continue to be bound by those provisions of this Deed which are expressed to continue following termination of this Deed. The Deed shall continue in force in relation to the remaining parties including any party having entered into a Deed of Adherence.
15.10 A Member (the Defaulting Member) shall cease to be a Member in the event that:
15.10.1 it commits a serious breach of this Deed; or
15.10.2 it persistently breaches this Deed; and the breach (if capable of remedy) is not rectified within 20 Business Days of written notice having been given to the Defaulting Member requiring it to rectify such breach or breaches and the remaining Members agree by majority vote at a duly convened general meeting or in writing that the Defaulting Member's membership shall cease.
Appears in 1 contract
Samples: Members’ Agreement