Common use of Action by Written Consent Clause in Contracts

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and voted.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Noble Drilling (Norway) As), Limited Liability Company Agreement (Noble Drilling (Norway) As), Limited Liability Company Agreement (Noble Drilling (Norway) As)

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Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Member may be taken without a meeting if, prior or subsequent to the action, a written consent in lieu of a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is taken or to be taken shall be signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedsuch Member.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement, Limited Liability (Catalyst Health Solutions, Inc.), Limited Liability (Bats Global Markets, Inc.)

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Managers or Members having not fewer than the minimum number of Sharing Ratios Units or votes that would be necessary to take the action at a meeting at which all Members Members, Managers, or members of the committee, as applicable, entitled to vote on the action were present and voted.

Appears in 3 contracts

Samples: Operating Agreement (Strategic Timber Trust Inc), Operating Agreement (Strategic Timber Trust Inc), Operating Agreement (Strategic Timber Trust Inc)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Member may be taken without a meetingmeeting if the Member, without prior noticeor a majority of the members if more than one member, and without a vote if a consent or consents thereto in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and voted.

Appears in 3 contracts

Samples: Operating Agreement (JCH Group LLC), Operating Agreement (JCH Group LLC), Operating Agreement (AVH Carolinas, LLC)

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members or members of the committee, as applicable, having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members or members of the committee, as applicable, entitled to vote on the action were present and voted.

Appears in 2 contracts

Samples: Operating Agreement (Deep Down, Inc.), Operating Agreement

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members Managers, Members, or members of the committee, as applicable, having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members Members, Managers, or members of the committee, as applicable, entitled to vote on the action were present and voted.

Appears in 2 contracts

Samples: Operating Agreement (Amen Properties Inc), Operating Agreement (Amen Properties Inc)

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, meeting and without a vote vote, if a consent or consents in writing, setting forth the action so taken, is are signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all the Members entitled to vote on the action were present and voted.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ensource Energy Income Fund LP), Limited Liability Company Agreement (Basic ESA, Inc.)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting may be taken without a meeting, without prior notice, and without a vote meeting if a written consent or consents in writing, setting forth the action so taken, to be taken is signed by all of the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedthereon.

Appears in 2 contracts

Samples: Operating Agreement (Diversified Health & Fitness Inc), Operating Agreement (Diversified Health & Fitness Inc)

Action by Written Consent. Any action required or permitted to be taken at such a meeting by Members may be taken without a meetingmeeting if Members entitled to cast a sufficient number of votes to approve the matter as required by statute or this Agreement, without prior noticeas the case may be, and without consent to the action in writing. Such written consents shall be filed with the records of the meetings of Members. Such consent shall be treated for all purposes as a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action taken at a meeting at which of Members and shall bind all Members entitled to vote on the action were present and votedtheir successors or assigns.

Appears in 2 contracts

Samples: Operating Agreement (Landa Financing LLC), Operating Agreement (Ys Re Raf I LLC)

Action by Written Consent. Any action required or permitted to be taken at such a meeting by the Member may be taken by the Member without a meeting, meeting without prior notice, notice and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would and shall be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedunanimous.

Appears in 1 contract

Samples: Operating Agreement

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Members may be taken without a meeting, meeting and without prior notice, and without a vote notice if a written consent or consents in writing, setting forth the action so takentaken is signed, is signed either before or after such action, by the Members having not fewer than holding the minimum number required vote to carry the action. All written consents shall be filed with the minutes of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedMember meetings.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Capmark Finance Inc.)

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Members may be taken without a meetingmeeting if, without prior noticeor subsequent to the action, and without a vote if a consent or consents in writing, setting forth the action so taken, is thereto signed by the Members having not fewer than who would have been entitled to cast the minimum number of Sharing Ratios or votes that would be necessary to take approve the action at a meeting at which all Members entitled to vote on the action thereon were present and votedvoting is filed with the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (COHEN & Co INC.)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Members may be taken without a meeting, without prior notice, and without a vote meeting if a consent or consents in writing, setting forth the action so taken, is shall be signed by the Members having not fewer less than the minimum number of Sharing Ratios or votes that would be necessary to authorize or take the such action at a meeting at which all Members entitled to vote on the action Membership Interests were present and voted, and such consent shall have the same force and effect as a unanimous vote of Members.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Prime Medical Services Inc /Tx/)

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all the Members entitled to vote on the action were present and voted.

Appears in 1 contract

Samples: Limited Liability Company Agreement (LeBus Oil Field Service Co.)

Action by Written Consent. Any action required or permitted to be taken by the Members at such a any annual or special meeting may be taken without a meeting, without prior notice, notice and without a vote vote, if a the Members consent or consents in writing, setting forth the action so taken, is signed taken and bearing the dates of signature of each Member. Any action taken pursuant to such written consent or consents of the Members shall have the same force and effect as if taken by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on of the action were present and votedMembers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Enterprise Diversified, Inc.)

Action by Written Consent. Any action required or permitted to be taken at such a meeting of Members may be taken without a meeting, without prior notice, notice and without a vote vote, if a consent or consents in writing, setting forth the action so taken, is are signed by all of the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedMembers.

Appears in 1 contract

Samples: Operating Agreement (Lbo Capital Corp)

Action by Written Consent. Any Members may take any action required or permitted to be taken at such a any meeting may be taken of the Members without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer less than the minimum number of Sharing Ratios or votes that would be necessary to authorize or take the such action at a meeting at which all Members Units entitled to vote on the action thereon were present and votedvoted consent in writing or electronic submission; provided, that prompt notice must be given to all Members of the taking of such action without a meeting when such action is taken by less than unanimous written consent.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Internap Corp)

Action by Written Consent. Any action required or permitted to which may be taken at such a meeting of Members may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at without a meeting at which all if authorized by the written consent of the requisite Voting Interests. Whenever action is taken by written consent, a meeting of Members entitled to vote on the action were present need not be called nor notice of meeting given. The written consent may be executed in one or more counterparts and votedby facsimile, and each such consent so executed shall be deemed an original.

Appears in 1 contract

Samples: Operating Agreement (Wynn Resorts LTD)

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, meeting and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all of the Members entitled to vote on the action were present and voted. Notice of actions taken by written consent shall be delivered to the other Members no later than the second Business Day following the date the requisite consent is obtained.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by a Majority Interest. The Company shall give prompt written notice to the non-consenting Members having not fewer of any action of Members taken by less than unanimous written consent of the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedMembers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Penn Octane Corp)

Action by Written Consent. Any Subject to the provisions of applicable law, any action required or permitted to be taken at such a any meeting may be taken without a meeting, without prior notice, and without a vote meeting if a consent or consents in writing, setting forth the action so takensuch action, is signed by the Members having not fewer than the minimum number holders of Sharing Ratios a majority of interests (or votes that would such larger percentage as may be necessary required to take the action at a meeting at which all Members such action) entitled to vote on the action were present subject matter thereof (or such larger proportion thereof as shall be required by any express provision of this Declaration of Trust) and votedsuch consent is filed with the records of the Trust.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Master Investment Portfolio)

Action by Written Consent. Any action permitted or required or permitted to be taken at such a meeting of the Members may be taken without a meeting, without prior notice, notice and without a vote vote, if a consent or consents in writing, setting forth the action so to be taken, is signed by the Members entitled to vote having collectively not fewer less than the minimum number of Sharing Ratios or votes that would be necessary to authorize or take the such action at a meeting at which all Members the Units entitled to vote on the action thereon were present and voted.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC)

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Action by Written Consent. Any action required or permitted to be taken by the Members at such a meeting may be taken without a meeting, without prior notice, and without a vote meeting if a consent or consents in writing, setting forth the action so taken, is signed by all of the Members having not fewer than unanimously consent thereto in writing and the minimum number writing or writings are filed with the minutes of Sharing Ratios or votes that would be necessary to take proceedings of the action at a meeting at which all Members entitled to vote on the action were present and votedRepresentatives.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ball Corp)

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Members may be taken without a meeting, without prior notice, meeting and without a vote if a consent or consents in writing, setting forth the action so taken, is are signed by Members in the Members having not fewer than the minimum number of Sharing Ratios or votes that as would be necessary have been required to take the such action at a meeting at which all Members entitled to vote on of the action were present and votedMembers.

Appears in 1 contract

Samples: Limited Liability Company Agreement (DCP Midstream, LP)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Members may be taken without a meeting, without prior notice, and without a vote vote, if a consent or consents in writing, setting forth the action so taken, is signed by one or more Members who aggregately hold the Members having not fewer than requisite Membership Interests to carry the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedvote.

Appears in 1 contract

Samples: Operating Agreement

Action by Written Consent. Any action required or permitted to be taken at such a any meeting may be taken without a meeting, without prior notice, and without a vote meeting if a consent or consents in writing, setting forth the action so takensuch action, is signed by the Members having not fewer than the minimum number a majority of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members Interestholders entitled to vote on the action were present subject matter thereof (or such larger proportion thereof as shall be required by any express provision of this Declaration of Trust) and votedsuch consent is filed with the records of the Trust.

Appears in 1 contract

Samples: Skandia Master Trust (American Skandia Master Trust)

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Members may be taken without a meeting, without prior notice, meeting and without a vote if a consent or consents in writing, setting forth the action so taken, is shall be signed by the Members holders of outstanding Units having not fewer less than the minimum number of Sharing Ratios or votes that would be necessary to authorize or take the such action at a meeting at which all Members Units entitled to vote on the action thereon were present and votedvoting.

Appears in 1 contract

Samples: Operating Agreement

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Members may instead be taken without a meeting, without prior notice, notice and without a vote vote, if a consent or consents in writing, setting forth the action so taken, is shall be signed by a percentage of the Members having not fewer less than the minimum number of Sharing Ratios or votes that percentage which would be necessary to authorize or take the such action at a meeting at which all Members entitled to vote on the action thereon were present and voted; provided, however, prompt notice of the taking of an action without a meeting by less than unanimous written consent shall be given to those Members who have not consented in writing.

Appears in 1 contract

Samples: Operating Agreement (Beard Co /Ok)

Action by Written Consent. Any Pursuant to the Act, any action required or permitted to be taken at such a any meeting (of the Manager or the Members, as applicable) may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, writing setting forth the action so taken, is taken shall be signed by the Members having not fewer less than the minimum number of Sharing Ratios or votes that would be necessary to take the such action at a meeting at which all Members entitled to vote on the action were present and votedmeeting.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Grant Park Futures Fund Limited Partnership)

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Member may be taken without a meeting if, prior or subsequent to the action, a written consent in lieu of a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken or to be taken, is shall be signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedsuch Member.

Appears in 1 contract

Samples: Limited Liability (HFF, Inc.)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Members may be taken without a meeting, meeting and without prior notice, and without a vote notice if a written consent or consents in writing, setting forth the action so takentaken is signed, is signed either before or after such action, by the Members having not fewer than holding the minimum number of Sharing Ratios or votes that would be vote necessary to take carry the action at a meeting at which all Members entitled to vote on action. All written consents shall be filed with the action were present and votedminutes of Member meetings.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Igene Biotechnology Inc)

Action by Written Consent. Any action required or permitted to be taken at such a any meeting of the Members may be taken without a meeting, without prior notice, and without a vote vote, if a consent or consents in writing, setting forth the action action(s) so taken, is signed by one or more Members who aggregately hold the Members having not fewer than requisite Membership Interests to carry the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and votedvote.

Appears in 1 contract

Samples: Operating Agreement

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, and without a vote if a consent or consents in writing, setting forth the action so taken, is signed by the Members Directors, Members, or members of the committee, as applicable, having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members Members, Directors, or members of the committee, as applicable, entitled to vote on the action were present and voted.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Genesis Energy Lp)

Action by Written Consent. Any action required or --------- ------------------------- permitted to be taken at such a any meeting may be taken without a meeting, without prior notice, and without a vote meeting if a consent or consents in writing, setting forth the action so takensuch action, is signed by the Members having not fewer than the minimum number a majority of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members Interestholders entitled to vote on the action were present subject matter thereof (or such larger proportion thereof as shall be required by any express provision of this Declaration of Trust) and votedsuch consent is filed with the records of the Trust.

Appears in 1 contract

Samples: Master Investment Portfolio

Action by Written Consent. Any action required or permitted to be taken at such a meeting of the Members may be taken without a such meeting, without prior notice, notice and without a vote if a consent or consents in writingvote, by written consent, setting forth the action so taken, is signed by the required Members having not fewer than or Members holding the minimum number required Percentage Interests, as applicable, unless otherwise specified in this Agreement or required by nonwaivable provisions of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and voted.Delaware Act.β€Œ

Appears in 1 contract

Samples: Limited Liability Company Agreement

Action by Written Consent. Any action required or permitted to be taken at such a meeting may be taken without a meeting, without prior notice, a vote and without a vote prior notice if a consent or consents in writing, setting forth the action so taken, is signed by the Members having not fewer than the minimum number of Sharing Ratios or votes that would be necessary to take the action at a meeting at which all Members entitled to vote on the action were present and voted.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Legacy Reserves L P)

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