Common use of Presumption of Assent Clause in Contracts

Presumption of Assent. A member who is present at a meeting of the members at which action on any Company matter is taken shall be presumed to have assented to the action taken unless such member's dissent shall be entered in the minutes of the meeting or unless such member shall file its written dissent to such action with the person acting as the secretary of the meeting before the meeting's adjournment or shall forward such dissent by certified mail, return receipt requested, to the Company's Secretary as soon as practicable after the meeting is adjourned. A member may submit its dissent electronically via facsimile or e-mail so long as the Company acknowledges in writing its receipt thereof. The right to dissent shall not apply to a member who voted in favor of such action.

Appears in 8 contracts

Samples: Operating Agreement (Entergy Arkansas Inc), Operating Agreement (Dominion Resources Inc /Va/), Operating Agreement (Pepco Holdings Inc)

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Presumption of Assent. A member who is present at a meeting of the members at which action on any Company matter is taken shall be presumed to have assented to the action taken unless such member's ’s dissent shall be entered in the minutes of the meeting or unless such member shall file its written dissent to such action with the person acting as the secretary of the meeting before the meeting's ’s adjournment or shall forward such dissent by certified mail, return receipt requested, to the Company's ’s Secretary as soon as practicable after the meeting is adjourned. A member may submit its dissent electronically via facsimile or e-mail so long as the Company acknowledges in writing its receipt thereof. The right to dissent shall not apply to a member who voted in favor of such action.

Appears in 1 contract

Samples: Operating Agreement (Xcel Energy Inc)

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