Appointment and Nomination. Upon the Closing (as defined in the Securities Purchase Agreement), the Company's Board will be fixed at ten (10) persons and the Company will cause the following appointments to be made:
Appointment and Nomination. (a) The Company agrees that, in accordance with the Company’s Amended and Restated Certificate of Incorporation (as amended from time to time, the “Certificate of Incorporation”) and Third Amended and Restated Bylaws (as amended from time to time, the “Bylaws”) and Delaware Law, and effective immediately following the later of the Closing and the Company’s 2019 annual meeting of stockholders, the Board shall (i) if there are not sufficient vacant seats on the Board at such time to be filled by the Hill Path Designees pursuant to Section 1(b), expand the size of the Board to create the number of vacancies to be filled by the Hill Path Designees pursuant to Section 1(b) and (ii) subject to Sections 1(d) and 1(e), appoint Xxxxx X. Xxxxxxxx (or his replacement as chosen in accordance with Section 1(f)) to fill a vacancy on the Board.
Appointment and Nomination. (a) The Company agrees that, in accordance with the Company’s Amended and Restated Certificate of Incorporation (as amended from time to time, the “Certificate of Incorporation”) and Third Amended and Restated Bylaws (as amended from time to time, the “Bylaws”) and Delaware law, and effective immediately following the execution of this Agreement, the Board shall:
Appointment and Nomination. 20.1. The Customer, duly represented by the undersigned (if applicable), do hereby nominate and appoint the Service Provider and/or any of the Service Provider’s employees with power of substitution to render the Services to the Customer as determined in terms of this Agreement. The Service Provider has the right to obtain all the relevant information and documentation which the Service Provider deems reasonable for the purposes of the appointment.
Appointment and Nomination. The Company shall appoint the Executive as a member of the Board for an initial three (3) year term commencing on the Effective Date (the "Initial Board Term").
Appointment and Nomination. (a) The Company agrees that, in accordance with the Company’s Restated Certificate of Incorporation and by-laws and Delaware law, and effective as of the date of the next meeting of the Board (and prior to taking any other formal action at such meeting), which meeting shall be held not later than ten (10) business days after the date hereof, the Board shall:
Appointment and Nomination. (a) The Company hereby represents and warrants to BlueMountain that, effective immediately after the execution and delivery hereof:
Appointment and Nomination. (a) Effective as of December 22, 2020, the board of directors of the Company (the “Board”) shall appoint Jxxxx Xxxxxxxx (the “Hill Path Designee”) to serve on the Board. The Nominating and Corporate Governance Committee of the Board and the Board will nominate the Hill Path Designee for election as one of the director nominees of the Company in connection with the 2021 Annual Meeting. The Company shall use reasonable best efforts to cause the election of the Hill Path Designee to the Board at the 2021 Annual Meeting consistent with the Company’s efforts to elect the other Company nominees.
