Common use of Action by Members Without a Meeting Clause in Contracts

Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved by written consent of the requisite Percentage Interests describing the action taken, signed by every Member entitled to vote, and delivered to the Manager of the Company for inclusion in the minutes or filing with the Company records. Action taken under this Article shall become effective at such time as the requisite Percentage Interests of the Members entitled to vote have provided written consent (unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct date for determining Members entitled to take action without a meeting shall be the date the first Members signs a written consent.

Appears in 8 contracts

Samples: Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC), Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC), Subscription Agreement (Gilmore Homes - Gilmore Loans, LLC)

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Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved evidenced by one or more written consent of the requisite Percentage Interests consents describing the action taken, signed by every Member Members entitled to vote, vote thereon holding not less than the number of Common Shares required to approve such action and delivered to the Manager Managers of the Company for inclusion in the minutes or for filing with the Company records. Action taken under this Article shall become Section is effective at such time as the requisite Percentage Interests of the when all Members entitled to vote thereon holding not less than the number of Common Shares required to approve such action have provided written consent (signed the consent, unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct record date for determining Members entitled to take action without a meeting shall be the date the first Members Member signs a written consent.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (LyondellBasell F&F Holdco, LLC), Limited Liability Company Agreement (Lyondell Houston Refinery Inc.), Limited Liability Company Agreement (Lyondell Refining LP, LLC)

Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved by written consent of the requisite Percentage Interests describing the action taken, signed by every Member entitled to vote, and delivered to the Manager of the Company for inclusion in the minutes or filing with the Company records. Action taken under this Article shall become effective at such time as the requisite Percentage Interests of the Members entitled to vote have provided written consent (unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct record date for determining Members entitled to take action without a meeting shall be the date the first Members Member signs a written consent.

Appears in 6 contracts

Samples: Limited Liability Company Agreement (Mission First Capital LLC), Limited Liabiltiy Company Agreement (Mission First Capital LLC), Operating Agreement (Own Our Own Fund I, LLC)

Action by Members Without a Meeting. Action Any action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved evidenced by one or more written consent consents signed by that percentage or number of the requisite Percentage Interests describing Members required to take or approve the action taken, signed by every Member entitled to vote, and action. Any such written consents shall be delivered to the Manager Managers of the Company for inclusion in the minutes or for filing with the Company records. Action taken by written consent under this Article Section shall become be effective at such time as on the requisite Percentage Interests date the required percentage or number of the Members entitled have signed and delivered the consent to vote have provided written consent (the Managers, unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct record date for determining Members entitled to take action without a meeting shall be the earlier of the date (i) the written consent is circulated to the Members or (ii) the first Members Member signs a written the consent.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Tercentenary Holdings, Corp.)

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Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved evidenced by one or more written consent of the requisite Percentage Interests consents describing the action taken, signed by every Member entitled the Members holding the number of Percentage Interests that would be required to vote, approve such action at a meeting of the Members at which all Members were represented in person or by proxy and delivered to the Manager of the Company for inclusion in the minutes or for filing with the Company records. Action taken under this Article shall become Section 11.10 is effective at such time as when all the requisite Members holding the number of Percentage Interests that would be required to approve such action at a meeting of the Members entitled to vote at which all Members were represented in person or by proxy have provided written consent (signed the consent, unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct record date for determining Members entitled to take action without a meeting shall be the date the first Members Member signs a written consent.

Appears in 2 contracts

Samples: Operating Agreement (Strategic Realty Trust, Inc.), Operating Agreement (Strategic Realty Trust, Inc.)

Action by Members Without a Meeting. Action Any action required or permitted to be taken at a meeting of Members may only be taken without a meeting if the action is approved evidenced by one or more written consent of the requisite Percentage Interests consents describing the action taken, circulated to all the Members with an explanation of the background and reasons for the proposed action, signed by every Member entitled to vote, and delivered to the Manager that percentage or number of the Company for inclusion Members required to take or approve the action. Any such written consents shall be included in the minutes or filing with the Company records. Action taken by written consent under this Article Section shall become be effective at such time as on the requisite Percentage Interests date the required percentage or number of the Members entitled to vote have provided written consent (signed the consent, unless the consent specifies a different effective date), regardless of whether the Member participated in any meeting in which such matters were discussed. The correct record date for determining Members entitled to take action without a meeting shall be the date the first Members signs a written consentconsent is circulated to the Members.

Appears in 1 contract

Samples: Operating Agreement (155 East Tropicana, LLC)

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