Examples of Noticing Member in a sentence
In addition to any other applicable requirements, for any business or nominations to be properly brought before an annual general meeting by a holder, the holder giving the notice (the Noticing Member) must have given timely notice thereof in proper form and in writing to the secretary and any such proposed business must be a proper matter for member action under the Companies Law and these Articles.
The number of nominees a Noticing Member may propose to nominate for election at a meeting of members shall not exceed the number of directors to be elected at such meeting.
Notwithstanding the foregoing provisions of this Article 67, unless otherwise required by law, if the Noticing Member (or a Qualified Representative thereof) does not appear at the annual general meeting to present a nomination or propose business, such nomination shall be disregarded and such business shall not be transacted, notwithstanding that proxies in respect of such vote may have been received by the Company.
If the Recipient Member properly, exercises the Buy Option, the Escrow Holder shall promptly refund the Noticing Member’s prior deposit made pursuant to Section 11.01(a) to the Noticing Member.
At any time and from time to time after the Buy/Sell Lockout Date either Member (“Noticing Member”) shall be entitled to give notice (“Buy/Sell Notice”) to the other Member (“Recipient Member”), that such Noticing Member desires to exercise its rights under this Section to sell the Interest of the Noticing Member (“Noticing Member Interest”) to the Recipient Member, or purchase the Interest of the Recipient Member (“Recipient Member Interest”).
A Noticing Member shall further update and supplement its notice of any nomination or other business proposed to be brought before a meeting, if necessary, so that the information provided or required to be provided in such notice pursuant to this Article 72 shall be true and correct (A) as of the record date for the meeting and (B) as of the date that is 15 days prior to the meeting or any adjournment, recess, rescheduling or postponement thereof.
Notwithstanding the foregoing provisions of this Article 72, unless otherwise required by law, if the Noticing Member (or a Qualified Representative thereof) does not appear at the annual general meeting to present a nomination or propose business, such nomination shall be disregarded and such business shall not be transacted, notwithstanding that proxies in respect of such vote may have been received by the Company.
The Recipient Member shall have fifteen (15) days after receipt of the Company’s accountant’s determination of the Payment Amounts to elect by written notice (the “Election Notice”) to the Noticing Member to (i) buy from the Noticing Member the Noticing Member Interest (“Buy Option”), or (ii) sell to the Noticing Member the Recipient Member Interest (“Sell Option”), for the applicable Payment Amount determined by the Company’s accountants.
If the remedies are not made by the Non-performing Member within 30 days of the date of receipt by the Non-performing member of the Written Demand for Remedy, the Noticing Member may withdraw, as detailed below.
The Noticing Member shall also provide a copy of the Buy/Sell Notice to the Company’s accountants.