Common use of Annual Meetings of Stockholders Clause in Contracts

Annual Meetings of Stockholders. (i) Nominations of persons for election to the Board of Directors or the proposal of other business to be transacted by the stockholders at an annual meeting of stockholders may be made only (1) pursuant to the Company’s notice of meeting (or any supplement thereto); (2) by or at the direction of the Board of Directors; (3) as may be provided in the certificate of designations for any class or series of preferred stock; or (4) by any stockholder of the Company who (A) is a stockholder of record at the time of giving of the notice contemplated by Section 2.4(a)(ii); (B) is a stockholder of record on the record date for the determination of stockholders entitled to notice of the annual meeting; (C) is a stockholder of record on the record date for the determination of stockholders entitled to vote at the annual meeting; (D) is a stockholder of record at the time of the annual meeting; and (E) complies with the procedures set forth in this Section 2.4(a).

Annual Meetings of Stockholders. (i) Nominations of persons for election to the Board of Directors or the proposal of other business to be transacted by the stockholders at an annual meeting of stockholders may be made only (1A) pursuant to the CompanyCorporation’s notice of meeting (or any supplement thereto); (2B) by or at the direction of the Board of Directors; (3C) as may be provided in the certificate of designations designation for any class or series of preferred stock; or (4D) by any stockholder of the Company Corporation who (A1) is a stockholder of record at the time of giving of the notice contemplated by Section 2.4(a)(ii); (B2) is a stockholder of record on the record date for the determination of stockholders entitled to notice of the annual meeting; (C3) is a stockholder of record on the record date for the determination of stockholders entitled to vote at the annual meeting; (D4) is a stockholder of record at the time of the annual meeting; and (E5) complies with the procedures set forth in this Section 2.4(a).