Common use of Action by Written Consent of Stockholders Clause in Contracts

Action by Written Consent of Stockholders. The parties hereto agree that whenever any action is proposed to be taken by Stockholders without a meeting, the Stockholders proposing to act by such consent shall, or shall cause the Company to, give the 399 Stockholders at least 7 days' prior written notice (or such shorter notice period as is agreed to in writing) of such proposed action specifying the action to be taken and the purpose thereof (such notice requirement shall be deemed satisfied and waived by execution of such consent by 399 Stockholders which hold in the aggregate more than 50% of the shares of Common Stock on a Diluted Basis held by all 399 Stockholders).

Action by Written Consent of Stockholders. The parties hereto agree that whenever any action is proposed to be taken by Stockholders without a meeting, the Stockholders proposing to act by such consent shall, or shall cause the Company to, give the 399 Stockholders at least 7 days' prior written notice (or such shorter notice period as is agreed to in writing) of such proposed action specifying the action to be taken and the purpose thereof (such notice requirement shall be deemed satisfied and waived by execution of such consent by 399 Stockholders which hold in the aggregate more than 50% of the shares of Common Stock on a Diluted Basis held by all 399 Stockholders).;

Action by Written Consent of Stockholders. The parties hereto agree that whenever any action is proposed to be taken by Stockholders without a meeting, the Stockholders proposing to act by such consent shall, or shall cause the Company to, give the 399 Institutional Stockholders at least 7 seven (7) days' prior written notice (or such shorter notice period as is agreed to in writing) of such proposed action specifying the action to be taken and the purpose thereof (such notice requirement shall be deemed satisfied and waived by execution of such consent by 399 Institutional Stockholders which hold in the aggregate more than fifty percent (50% %) of the shares of Common Stock on a Fully-Diluted Basis held by all 399 Institutional Stockholders).