Common use of Action by Consent Clause in Contracts

Action by Consent. Any action required or permitted to be taken at a Members’ meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Members. The written consent or consents shall be delivered to the Company for inclusion in its minutes.

Appears in 34 contracts

Samples: Operating Agreement (Environtech Inc.), Operating Agreement (Environtech Inc.), Operating Agreement (Environtech Inc.)

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Action by Consent. Any action required or permitted to be taken at a Members’ meeting of Member may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the MembersMember. The written Action taken under this Section is effective when the Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 10 contracts

Samples: Operating Agreement (Gamble's Hill Tredegar, LLC), Operating Agreement (Gamble's Hill Tredegar, LLC), Operating Agreement (Gamble's Hill Tredegar, LLC)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of the Membership may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed is taken in writing by all of the Members. The action must be evidenced by one or more written consent or consents shall be describing the action taken, signed by all the Members entitled to vote on the action, and delivered to the Company for inclusion in its the minutes.

Appears in 5 contracts

Samples: Operating Agreement (Swift Transportation Co Inc), Operating Agreement (Werner Enterprises Inc), Operating Agreement (Us Xpress Enterprises Inc)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of the Members or Manager may be taken without a meeting if a consent in writing, setting forth the action so is taken by Members holding sufficient voting Units, or Manager with sufficient authority, to vote on the action. The action must be evidenced by one or more written consents describing the action taken, shall be which consents, in the aggregate, are signed by all of sufficient Membership Interests entitled to vote on the Members. The written consent or consents shall be action and delivered to the Company for inclusion in its the minutes.

Appears in 4 contracts

Samples: Operating Agreement (ADPI Fund I, LLC), Operating Agreement (ADPI Fund I, LLC), Operating Agreement (ADPI Fund I, LLC)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of the Company may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the MembersMember. The written Action taken under this Section is effective when the Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 3 contracts

Samples: Operating Agreement (FD Spinco II, Inc.), Operating Agreement (FD Spinco II, Inc.), Operating Agreement (FD Spinco II, Inc.)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of the Members or Manager may be taken without a meeting if a consent in writing, setting forth the action so is taken by Members holding sufficient voting Units, or Manager with sufficient authority, to vote on the action. The action must be evidenced by one or more written consents describing the action taken, shall be which consents, in the aggregate, are signed by all of Members holding sufficient Units entitled to vote on the Members. The written consent or consents shall be action and delivered to the Company for inclusion in its the minutes.

Appears in 3 contracts

Samples: Operating Agreement (Central Park Fund I, LLC), Operating Agreement (Central Park Fund 1, LLC), Operating Agreement (Aurora Fund I, LLC)

Action by Consent. Any action required or permitted to be taken at a Members’ any meeting of the Members may be taken without a meeting if the holders of outstanding Units having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting consent to the action in writing, setting forth and such written consents are filed with the action so taken, shall be signed by all records of the meeting of the Members. The Subject to this limitation, such consent shall be treated for all purposes as a vote at a meeting. Prompt notice of the taking of action by consent by less than unanimous written consent or consents shall be delivered given to the Company for inclusion those Members who have not consented in its minuteswriting.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

Action by Consent. Any action required or permitted to be taken at a Members' meeting may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Members. The written consent or consents shall be delivered to the Company for inclusion in its minutes.

Appears in 2 contracts

Samples: Operating Agreement (Penske Motorsports Inc), Operating Agreement (Penske Motorsports Inc)

Action by Consent. Any action required or permitted to be taken at a Members' meeting may be taken without a meeting if a consent in writing, setting forth the action so is taken by all the Members entitled to vote on the action. The action must be evidenced by one or more written consents describing the action taken, shall be signed by all of the Members. The written consent or consents shall be Members entitled to vote on the action, and delivered to the Company for inclusion in its the minutes.

Appears in 2 contracts

Samples: Loan and Stock Purchase Agreement (Signature Leisure Inc), Operating Agreement (InSight Imaging Services Corp.)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of Members may be taken without a meeting if meeting, without prior notice, and without a vote, upon the unanimous written consent in writing, setting forth the action so taken, shall be signed by of all of the Members. The written consent or consents shall be delivered to filed with the Company for inclusion in its minutesManaging Member.

Appears in 1 contract

Samples: Operating Agreement (Rodman & Renshaw Capital Group, Inc.)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of Member may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the. Member. Action taken under this Section is effective when the Members. The written Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 1 contract

Samples: Operating Agreement (Gamble's Hill Tredegar, LLC)

Action by Consent. Any Except as is otherwise specifically provided for herein, any action required or permitted to which may be taken at a Members’ meeting of the Members may be taken without a meeting if a consent or consents in writing, setting forth the action so taken, shall be signed by all the Members who would be entitled to vote at such meeting and shall be filed with the records of proceedings of the Members. The written consent or consents shall be delivered to Members of the Company for inclusion in its minutesCompany.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Bitmine Immersion Technologies, Inc.)

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Action by Consent. Any action required which must or permitted to may be taken at a Members’ meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action actions so taken, shall be is signed by all Members holding the required number of Units or Percentage Interests to vote or act with respect to such action. A notice of a meeting of the MembersMembers is not required as a prerequisite to action by consent in accordance with this Subsection. The After a written consent or consents is reached and executed, the Company shall be delivered provide notice thereof within a reasonable time to all Members Entitled to Vote with respect to the Company for inclusion in its minutesaction taken by such consent.

Appears in 1 contract

Samples: Operating Agreement (Digital Ally Inc)

Action by Consent. Any action required or permitted to be taken at a Members’ Member’s meeting may be taken without a meeting if a consent in writing, setting forth the action so is taken by all the Members entitled to vote on the action. The action must be evidenced by one or more written consents describing the action taken, shall be signed by all of the Members. The written consent or consents shall be Members entitled to vote on the action, and delivered to the Company for inclusion in its the minutes.

Appears in 1 contract

Samples: Operating Agreement

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of Members may be taken without a meeting if and without a vote, upon the consent in writing, setting forth of the Members who would have been entitled to cast the minimum number of votes that would be necessary to authorize the action so taken, shall be signed by at a meeting at which all of the MembersMembers entitled to vote thereon were present and voting. The written consent or consents shall be delivered to in writing or in electronic form and shall be filed with the Board. The Company for inclusion in its minutesshall provide any non-consenting Members with prompt written notice of any such action.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Penske Automotive Group, Inc.)

Action by Consent. Any action required or permitted to be taken at a Members’ Member meeting may be taken without a meeting if a consent in writing, setting forth accordance with the action so taken, shall be signed by all of the Members. The written consent or consents shall be delivered to the Company for inclusion in its minutesAct.

Appears in 1 contract

Samples: Operating Agreement (UTI Holdings, LLC)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of the Member may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the MembersMember. The written Action taken under this Section 5.02 is effective when the Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 1 contract

Samples: Operating Agreement (Gamble's Hill Tredegar, LLC)

Action by Consent. Any action required or permitted to be taken at a Members’ meeting of Member may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the Members. The written Member, Action taken under this Section is effective when the Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 1 contract

Samples: Operating Agreement (Gamble's Hill Tredegar, LLC)

Action by Consent. Any action required or permitted by law to be taken at a Members’ meeting of the members of a limited liability company may be taken without a meeting if a consent in writing, setting forth the one or more written consents to such action so taken, shall be are signed by all of the MembersMember. The written Action taken under this Section is effective when the Member signs the consent or consents, unless the consent or consents shall be delivered to the Company for inclusion in its minutesspecifies a different effective date.

Appears in 1 contract

Samples: Operating Agreement

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