Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and signed by Members holding sufficient Sharing Ratios, as the case may be, to approve such action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 is effective when Members with the requisite Sharing Ratios have signed the consent or approval, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Macquarie Infrastructure CO LLC), Limited Liability Company Agreement (Macquarie Infrastructure Assets Trust)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by Members holding sufficient Sharing Ratios, as entitled to vote who hold the case may be, requisite number of Voting Units necessary to approve such action had such action been properly voted on at a duly called meeting action, and delivered to the Secretary of the MembersCompany for inclusion in the minutes or for filing with the Company records. Action taken under this Section 7.10 is effective when the Members with entitled to vote and holding the requisite Sharing Ratios number of Voting Units necessary to approve such action have signed the consent or approvalconsent, unless the consent specifies a different effective date, which may be retroactive. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 2 contracts
Sources: Operating Agreement (Stratus Services Group Inc), Operating Agreement (Murdock Communications Corp)
Action by Members Without a Meeting. Action Any action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one (1) or more written consents or approvals describing the action taken and taken, signed by the Members holding sufficient Sharing Ratios, as the case may be, to approve approving such action had such action been properly voted on at a duly called meeting and delivered to the custodian of the MembersCompany’s records for filing with the Company records. Action Any action taken under this Section 7.10 hereunder is effective when the Members with the requisite Sharing Ratios have signed the consent or approvalconsent, unless the consent specifies a different effective date. A copy of any action taken by written consent of the Members pursuant to this Section, along with any documents relevant and material thereto, shall be provided to all of the Members within two (2) calendar days of the effective date thereof. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 2 contracts
Sources: Operating Agreement (John D. Oil & Gas Co), Operating Agreement (John D. Oil & Gas Co)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is taken by Members who would be entitled to vote not less than the minimum number of votes that would be necessary to authorize or take the action. The action must be evidenced by one or more written consents or approvals describing the action taken and taken, signed by the Members holding sufficient Sharing Ratios, as the case may be, entitled to approve take such action had such action been properly voted on at a duly called meeting of and delivered to the MembersCompany for inclusion in its records. Action taken under this Section 7.10 2.2.5 is effective when the Members with the requisite Sharing Ratios required to approve such action have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be is the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Renal Care Group Inc), Limited Liability Company Agreement (Renal Care Group Inc)
Action by Members Without a Meeting. Action Actions required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is are taken by Members who would be entitled to vote not less than the minimum number of votes that would be necessary to authorize or take the action. The action must be evidenced by one or more written consents or approvals describing the action taken and taken, signed by the Members holding sufficient Sharing Ratios, as the case may be, entitled to approve take such action had such action been properly voted on at a duly called meeting of and delivered to the MembersCompany for inclusion in its records. Action taken under this Section 7.10 11.7 is effective when the Members with the requisite Sharing Ratios required to approve such action have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be is the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Operating Agreement (MedEquities Realty Trust, Inc.)
Action by Members Without a Meeting. Action Actions required or permitted to be taken by the Members at a meeting of Members may be taken at a meeting with the approval of all of the Members and without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by the Members holding sufficient Sharing Ratios, as entitled to vote and whose vote or consent would have been required if the case may be, action had been taken at a duly called and held meeting at which all necessary Members were present and voted. Actions taken under this Section 6.10 shall be effective when the Members required to approve such action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 is effective when Members with the requisite Sharing Ratios have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Orion Office REIT Inc.)
Action by Members Without a Meeting. Action required or permitted ----------------------------------- to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and signed by Members holding sufficient Sharing RatiosVoting Interests, as the case may be, to approve such action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 7.9 is effective when Members with the requisite Sharing Ratios Interests or Voting Interests, as the case may be, have signed the consent or approval, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Navigant International Inc)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by Members holding sufficient Sharing Ratiosat least a majority of all Units in the Company capital, as adjusted from time to time, and entitled to vote on the case may be, subject matter and delivered to approve such action had such action been properly voted on at a duly called meeting of the MembersCompany for inclusion in the minutes or for filing with the Company records. Action taken under this Section 7.10 section is effective when Members with the requisite Sharing Ratios holders of a majority of all Units entitled to vote have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members unless otherwise provided in the manner set forth in Section 12.1 of this Agreementwritten consent.
Appears in 1 contract
Sources: Operating Agreement
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without such a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and signed executed by Members holding sufficient Sharing Ratiosholding, as in the case may beaggregate, the number of Units entitled to vote required to approve such action had such action been properly voted on at a duly called meeting of the MembersMembers at which all Members are present. Action taken under this Section 7.10 is 7.8 shall be effective when Members with owning the requisite Sharing Ratios number of Units entitled to vote required to approve such action have signed the consent or approvalsuch consents, unless the consent specifies such consents specify a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Operating Agreement
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by sufficient Members holding sufficient Sharing Ratiosnecessary to obtain the vote required pursuant to the terms of this Agreement, as and delivered to the case may be, to approve such action had such action been properly voted on at a duly called meeting Manager of the MembersCompany for inclusion in the minutes or for filing with the Company records. Action taken under this Section 7.10 9.9 is effective when sufficient Members with necessary to obtain the requisite Sharing Ratios vote required have signed the consent or approval, (unless the consent specifies a different effective date). The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Operating Agreement
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by all of the Members holding sufficient Sharing Ratios, as the case may be, required to approve take such action had (except for matters requiring the Consent of the Members Committee), delivered to the Company for inclusion in the minutes or for filing with the Company records, and notice of such action been properly voted on at a duly called meeting of is delivered to the MembersMembers not signing the written consent(s) within five days. Action taken under this Section 7.10 is effective when all of the Members with the requisite Sharing Ratios required to take such action have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Building Materials Holding Corp)
Action by Members Without a Meeting. Action Any action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken taken, signed by the Members approving such action and signed delivered to the Managers for filing with the Company records. Unless an action requires unanimous approval, the written consent will be effective upon approval by Members holding sufficient Sharing Ratios, as the case may be, number of Units necessary to approve such the action. Any action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 5.8 is effective when the Members with holding the requisite Sharing Ratios number of necessary Units have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Operating Agreement (Jondex Corp)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by a sufficient number of Members or Members holding sufficient Sharing Ratiosthe requisite Capital Units, as applicable, whose vote is necessary for the case may be, to approve such action had such action been properly voted on at a duly called meeting taking of the Membersaction described therein and delivered to the Members for inclusion in the minutes or for filing with the Company records. Action taken under this Section 7.10 is effective when Members with in the requisite Sharing Ratios number or holding the requisite Capital Units, as applicable, have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is Notice of all actions so taken on a less than unanimous basis, prompt notice of such action shall will be given as soon as practicable to all Members in the manner set forth in Section 12.1 of this AgreementMembers.
Appears in 1 contract
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and signed by Members holding sufficient Sharing RatiosVoting Interests, as the case may be, to approve such action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 7.9 is effective when Members with the requisite Sharing Ratios Interests or Voting Interests, as the case may be, have signed the consent or approval, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event Notice of any Member approved action is taken on a less than unanimous basis, prompt notice of such action under this Section 7.9 shall be given provided to all Members in the manner set forth in Section 12.1 of this AgreementMembers.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Solis Seattle, LLC)
Action by Members Without a Meeting. Action required or permitted to be taken by the Members at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by the Members holding sufficient Sharing Ratios, as the case may be, entitled to approve such action had such action been properly voted on at vote and who constitute a duly called meeting of the MembersMember Consent. Action taken under this Section 7.10 section is effective when sufficient Members with the requisite Sharing Ratios required to approve such action have signed the consent or approval, unless and delivered the consent specifies to a different Manager or registered agent of the Company, or at any later effective datedate specified in the consent. Notice of such consent shall be given promptly to all Members. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Commerce Street Pantheon Mortgage Asset Securitizations LLC)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members, for matters which the Members may approve by the express terms of this Agreement, may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken and taken, signed by sufficient Members holding sufficient Sharing Ratiosnecessary to obtain the vote required pursuant to the terms of this Agreement, as and delivered to the case may be, to approve such action had such action been properly voted on at a duly called meeting Manager of the MembersCompany for inclusion in the minutes or for filing with the Company records. Action taken under this Section 7.10 9.9 is effective when sufficient Members with necessary to obtain the requisite Sharing Ratios vote required have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Nexcore Healthcare Capital Corp)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members Any action requiring Member consent may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the such action taken and signed are executed by Members holding sufficient Sharing Ratios, as the case may be, Units to approve such action had action. Such consents shall be delivered to the Administrative Member for inclusion in the Company's minutes and notice of such action been properly voted on at a duly called meeting of the Membersshall be given to each Member who did not sign such consent as provided in Section 17.1, within three (3) business days. Action taken under this Section 7.10 is 6.3 shall be effective when Members with the requisite Sharing Ratios Members have signed the consent or approvalconsents and delivered them to the Administrative Member, unless the consent specifies such consents specify a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Emeritus Corp\wa\)
Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents or approvals describing the action taken taken, provided such consent is delivered to each Member entitled to vote and that signed by consents from those Members holding sufficient Sharing Ratios, as at least a Majority Interest are delivered to the case may be, to approve such Managing Member(s) for any inclusion in the minutes or for filing with the Company records. Any action had such action been properly voted on at a duly called meeting of the Members. Action taken under this Section 7.10 15.5 is effective when Members with the requisite Sharing Ratios holding at least a Majority Interest of Membership Interests entitled to vote have signed the consent or approvalconsent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member entitled to vote signs a written consent. In the event any Member action is taken on a less than unanimous basis, prompt notice of such action shall be given to all Members in the manner set forth in Section 12.1 of this Agreement.
Appears in 1 contract
Sources: Operating Agreement