By Consent Sample Clauses
The "By Consent" clause establishes that certain actions or decisions under an agreement may only be taken if all relevant parties expressly agree to them. In practice, this means that no party can unilaterally proceed with the specified action without obtaining the explicit approval of the others, such as amending contract terms or waiving obligations. This clause ensures that all parties retain control over significant changes or decisions, thereby preventing unilateral actions and promoting mutual agreement.
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may be amended with the consent of the Board (which term includes any waiver, modification, or deletion of this Agreement) during or after the term of the Company, together with the prior written consent of:
(i) If no Preferred Units have been issued and are outstanding, a majority-in-interest of the Common Unitholders; and
(ii) If Preferred Units have been issued and are outstanding:
(1) in the case of an amendment not affecting the rights of the Preferred Unitholders, a majority-in-interest of the Common Unitholders,
(2) in the case of an amendment not affecting the rights of the Common Unitholders (including rights or protections with respect to tax consequences of Common Unitholders), a majority-in-interest of the Preferred Unitholders, and
(3) in case of an amendment affecting the rights (including rights or protections with respect to tax consequences of Common Unitholders) of both the Common Unitholders and the Preferred Unitholders, a majority-in-interest of the Common Unitholders and a majority-in-interest of the Preferred Unitholders.
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement (including, without limitation, 13.8.8) may be amended (which term includes any waiver, modification, or deletion of this Agreement) during or after the term of the Company, with the prior written consent of (i) in the case of an amendment not affecting the rights of the Preferred Unitholders, a majority in interest of the Common Unitholders, (ii) in the case of an amendment not affecting the rights of a Common Unitholder (including rights or protections with respect to tax consequences of Common Unitholders), a majority in interest of the Preferred Unitholders, and (iii) in case of an amendment affecting the rights (including rights or protections with respect to tax consequences of Common Unitholders) of both the Common Unitholders and the Preferred Unitholders, a majority in interest of the Common Unitholders and a majority in interest of the Preferred Unitholders. Notwithstanding the immediately preceding sentence, the following amendments may be made with the consent of the Board and without the need to seek the consent of any Member:
(a) to add to the duties or obligations of the Board or surrender any right granted to the Board herein,
(b) to cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision herein or to correct any printing, stenographic or clerical errors or omissions in order that this Agreement shall accurately reflect the agreement among the Members,
(c) to make such changes as the Board in good ▇▇▇▇▇ ▇▇▇▇▇ necessary to comply with any requirements applicable to the Company or its Affiliates under the 1940 Act or any similar state or federal law,
(d) to make any revision to Schedule A, Schedule B or Schedule C made in accordance with this Agreement,
(e) to make changes that this Agreement specifically provides may be made by the Board without the consent of any Member, or
(f) to make any amendment agreed with any Member admitted to the Company after the Initial Closing Date; provided, however, that no amendment shall may be made pursuant to clauses (a) through (e) above if such amendment would (1) subject any Member to any adverse economic consequences without such Member’s consent, (2) diminish the rights or protections of one or more Members (including, for the avoidance of doubt, provisions intended to protect one or more Members from suffering certain adverse tax consequences), or (3) d...
By Consent. The terms and provisions of this Agreement may be amended (which term includes any waiver, modification, or deletion of this Agreement) during or after the term of the Company, with the consent of the Board together with the prior written consent of a majority-in-interest of the Members.
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may be amended with the consent of the Board and without the need to seek the consent of any Member; provided, however, that no amendment shall be made pursuant to this 11.1.1 if such amendment would (1) have a materially adverse effect on the rights and preferences of the Members (or any class of Members) unless approved by Members holding a majority of Units (or the Members holding a majority of the Units of such class); (2) adversely and disproportionately affect any Member unless approved by such affected Member; (3) diminish or waive in any material respect the duties and obligations of the Board to the Company or the Members unless approved by Members holding a majority of Units; or (4) conflict with the Delaware Act, the Investment Company Act or other applicable law.
By Consent. In extenuating circumstances, such as undue hardship or financial hardship, when the Union and the Company agree that such action is warranted, a Participant may withdraw from the Plan upon giving written notice to the Company of his intention to do so not less than 6 months before the date on which the Participant’s Leave of Absence is scheduled to commence. Under no circumstances may the Plan be used as a means of deferring income tax rather than to allow the employee to fund a Leave of Absence. Within 30 days after such withdrawal, the Company will pay to the Participant in one lump sum payment the total of
a) his Deferred Capital Amount, and b) his Earned Income Amount on the date of withdrawal.
By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing.
By Consent. By mutual consent of Licensors and all Licensee at any time;
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement (including, without limitation, 13.8.8) may be waived, modified, amended, or deleted during or after the term of the Company, with the prior written consent of a majority in interest of the Members or the consent of the Board.
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may be amended with the consent of the Board (which term includes any waiver, modification, or deletion of this Agreement) as permitted by the laws of the State of Delaware; and
By Consent. Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may be amended with the consent of the Board (which term includes any waiver, modification, or deletion of this Agreement) as permitted by the laws of the State of Delaware; provided, that, the Company may revise Schedule B from time to time to reflect any changes in the officers of the Company as approved by the Board. For the avoidance of doubt, such revisions shall not constitute an amendment within the meaning of this Section 12.1.