Common use of Manner of Acting Clause in Contracts

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 6 contracts

Samples: Operating Agreement (Wellsford Real Properties Inc), Assignment of Interest (Wellsford Real Properties Inc), Operating Agreement (Wellsford Real Properties Inc)

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Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In in Interest and entitled to vote on the subject matter shall be is the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or except as expressly provided by this Agreement.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Moody National REIT I, Inc.), Limited Liability Company Operating Agreement (Moody National REIT I, Inc.), Limited Liability Company Operating Agreement (Moody National REIT I, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on of the subject matter Members shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 5 contracts

Samples: Operating Agreement (Sheridan Children's Healthcare Services of Arizona, Inc.), Operating Agreement (Sheridan Children's Healthcare Services of Arizona, Inc.), Operating Agreement (Sheridan Children's Healthcare Services of Arizona, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Majority-In-Interest of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Article or Organization, or by this Agreement. A consent transmitted by electronic transmission by a Member or person authorized to act for a Member shall be deemed to be written and signed by the Member.

Appears in 4 contracts

Samples: Operating Agreement (Capital Cities Fund, LLC), Operating Agreement (Capital Cities Fund, LLC), Operating Agreement (Capital Cities Fund, LLC)

Manner of Acting. If a quorum is present, the affirmative vote of Majority-In-Interest of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of or Organization, or by this Agreement. A consent transmitted by electronic transmission by a Member or person authorized to act for a Member shall be deemed to be written and signed by the Member.

Appears in 2 contracts

Samples: Operating Agreement (Aspen Mortgage Income Fund II, LLC), Operating Agreement (Aspen Mortgage Income Fund II, LLC)

Manner of Acting. If a quorum of Members is presentpresent at a meeting, the affirmative vote of the Members holding at least a Majority In Interest and entitled to vote on of the subject matter Units represented at such meeting shall be the act of the Members, unless the vote of a greater or lesser proportion or number is except as otherwise required by the Act, by the Articles of OrganizationArticles, or by this Agreement.

Appears in 2 contracts

Samples: Operating Agreement (Cornerstone Core Properties REIT, Inc.), Cornerstone Rome LTH Partners LLC Operating Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this the Operating Agreement. Unless otherwise expressly provided herein or required under applicable law, only Members who have a Membership Interest may vote or consent upon any matter and their vote or consent, as the case may be, shall be counted in the determination of whether the matter was approved by the Members.

Appears in 2 contracts

Samples: Operating Agreement (KFX Inc), Regulations and Operating Agreement (Dynacq International Inc)

Manner of Acting. If a quorum is present, the unanimous affirmative vote of Members holding at least a Majority In Interest and all of the Members, whether present or not present, entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Operating Agreement.

Appears in 2 contracts

Samples: Operating Agreement (Strategic Realty Trust, Inc.), Operating Agreement (Strategic Realty Trust, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In the Majority-In-Interest and entitled to vote on the subject matter in person or represented by proxy shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the ActCorps.C. Sec.17000, et seq., by the Articles of Organization, or by this Agreement.

Appears in 2 contracts

Samples: Operating Agreement (Castle Arch Real Estate Investment Company, LLC), Amended Operating Agreement (Castle Arch Real Estate Investment Company, LLC)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and majority of all Units entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number or separate class vote is otherwise required by the Act, by the Articles of Organization, Certificate or by this Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (PREMIER NUTRITION Corp), Operating Agreement (Buy Com Inc)

Manner of Acting. If a quorum is present, the affirmative vote of a majority in-Interest of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Act or by this Agreement. Unless otherwise expressly provided in this Agreement or required under applicable law, Members who have an interest (economic or otherwise) in the outcome of any particular matter upon which Members vote or consent may vote or consent upon any such matter and their vote shall be counted in the determination of whether the requisite matter was approved by the Members.

Appears in 2 contracts

Samples: Operating Agreement (Prudential Insurance Co of America), Operating Agreement (Prudential Insurance Co of America)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest majority of all Units in the Company capital, as adjusted from time to time, and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Act or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act all of the MembersMembers is required, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement (MVP REIT II, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of a Majority-In-Interest of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number vote is otherwise required by the Act, by the Company's Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement

Manner of Acting. If a quorum is present, the affirmative vote of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the constitute an action by all Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Act or by this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement

Manner of Acting. If a quorum is present, the affirmative vote of the Members holding owning a majority of all Percentage Shares represented at least a Majority In Interest the meeting and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Longview Clinic Operations Company, LLC)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least owning a Majority In Interest and entitled to vote on the subject matter present in person or represented by proxy shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Illinois Act, by the Articles of Organization, or by this Operating Agreement.

Appears in 1 contract

Samples: 6 Operating Agreement (Matthews International Corp)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding a majority of the Membership Interests represented in person or by proxy at least a Majority In Interest and entitled to vote on the subject matter such meeting shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, Act or by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement

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Manner of Acting. If a quorum is present, the affirmative vote of the Class A Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Class A Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Operating Agreement.

Appears in 1 contract

Samples: Operating Agreement

Manner of Acting. If a quorum is present, the affirmative vote of Members holding the majority of the shares represented at least a Majority In Interest the meeting and entitled to vote on the subject matter shall be the act of the Membersstockholders, unless the vote of a greater or lesser proportion or number is otherwise required by these Bylaws, the Act, by the Articles Certificate of OrganizationIncorporation, or by this Agreementthe DGCL.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aviall Inc)

Manner of Acting. If a quorum is present, the affirmative vote of those Members holding a majority in interest present at least a Majority In Interest and entitled to vote on the subject matter meeting shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Immunomedics Inc)

Manner of Acting. If a quorum is present, the affirmative vote of the majority of the Membership Interests of the Members holding represented at least a Majority In Interest the meeting and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Nelnet Inc)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding a majority of the Membership Interest holders present at least a Majority In Interest and entitled to vote on the subject matter meeting shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles Certificate of OrganizationFormation, or by this Operating Agreement. Unless otherwise expressly provided herein or required under applicable law, only Members who have a Membership Interest may vote or consent upon any matter and their vote or consent, as the case may be, shall be counted in the determination of whether the matter was approved by the Members.

Appears in 1 contract

Samples: Operating Agreement (Raging River Capital LP)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on Vote represented at the subject matter meeting shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Organization or by this Operating Agreement.

Appears in 1 contract

Samples: Sales and Services Agreement (Nobility Homes Inc)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding more than fifty percent (50%) of the Membership Interests represented at least a Majority In Interest and entitled to vote on the subject matter meeting in person or by proxy shall be the act of the Members, unless the vote of a greater or lesser proportion or number percentage is otherwise required by this Agreement or the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Laureate Ventures, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on majority of the subject matter Membership Voting Interests constituting such quorum shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Organization or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement (American Pacific Corp)

Manner of Acting. (a) If a quorum is presentpresent with respect to a matter, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or lesser proportion or number is otherwise required by the Act, by the Articles of Organization, Act or by this Operating Agreement.

Appears in 1 contract

Samples: Operating Agreement (Pan American Gold Corp)

Manner of Acting. If a quorum is present, the affirmative vote of a Majority-In-Interest of the Members holding at least a Majority In Interest and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater or of lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Operating Agreement.

Appears in 1 contract

Samples: Operating Agreement (Feldman Mall Properties, Inc.)

Manner of Acting. If a quorum is present, the affirmative vote of Members holding at least a Majority In Interest and entitled to vote on more then fifty percent of the subject matter Membership Interests shall be the act Approval of the Members, unless the vote of a greater or lesser proportion proportion, number or number voting per capita or by classes is otherwise required by the Act, by the Articles of Organization, or by this Agreement.

Appears in 1 contract

Samples: Operating Agreement (Magellan Petroleum Corp /De/)

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