This excerpt taken from the EAT 8-K filed May 29, 2009.
Section 1. Type of Notice.
Whenever, under the provisions of the statutes, the Certificate of
Incorporation or these Bylaws, notice is required to be given to any director
or shareholder, it shall not be construed to mean personal notice, but such
notice may be given in writing, in person or by mail, addressed to such
director or shareholder, at his address as it appears on the records of the
Corporation, with postage thereon prepaid, and such notice shall be deemed to
be given at the time when the same shall be deposited in the United States
mail. Notice to directors may also be
given in any manner permitted by Article III hereof and shall be deemed to
be given at the time when first transmitted by the method of communication so
Section 2. Waiver of Notice.
Whenever any notice is required to be given under the provisions of the
statutes, the Certificate of Incorporation or these Bylaws, a waiver thereof in
writing, signed by the person or persons entitled to said notice, whether
before or after the time stated therein, shall be deemed equivalent thereto,
and transmission of a waiver of notice by a director or shareholder by mail,
telegraph, telex, cable, wireless or other form of recorded communication may
constitute such a waiver.