EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 5 contracts
Samples: Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.), Subscription Agreement (HG Holdings, Inc.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Walter Industries Inc /New/), Agreement and Plan of Merger (Walter Industries Inc /New/), Agreement and Plan of Merger (Hanover Capital Mortgage Holdings Inc)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylawsbylaws, this Section 3.16 3.19 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board board of Directors directors under Article III of these Bylaws bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board board of Directorsdirectors, (ia) a meeting of the Board board of Directors directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board board of Directors directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board board of Directorsdirectors.
Appears in 2 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; , (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 twenty-four (24) hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Colony NorthStar, Inc.), Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 18 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television television, radio or radio; e-mail, and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
Samples: Partnership Unit and Share Purchase Agreement (Strategic Realty Trust, Inc.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “"Emergency”"). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
Samples: Iii Agreement and Plan of Merger (Two Harbors Investment Corp.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “"Emergency”"). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Walter Industries Inc /New/)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 17 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Varagon Capital Corp.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (ia) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; , (iib) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 twenty-four (24) hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iiic) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.. Table of Contents
Appears in 1 contract
Samples: Limited Liability Company Agreement (NorthStar Real Estate Income II, Inc.)
EMERGENCY PROVISIONS. Notwithstanding any other provision in the Charter or these Bylaws, this Section 3.16 16 shall apply during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board of Directors under Article III of these Bylaws cannot readily be obtained (an “Emergency”). During any Emergency, unless otherwise provided by the Board of Directors, (i) a meeting of the Board of Directors or a committee thereof may be called by any director or officer by any means feasible under the circumstances; (ii) notice of any meeting of the Board of Directors during such an Emergency may be given less than 24 hours prior to the meeting to as many directors and by such means as may be feasible at the time, including publication, television or radio; , and (iii) the number of directors necessary to constitute a quorum shall be one-third of the entire Board of Directors.
Appears in 1 contract
Samples: Agreement and Plan of Merger (CYS Investments, Inc.)