Appointment of Chief Executive Officer. For so long as twenty percent (20%) of the aggregate number of shares of Series B Preferred Stock issued in connection the consummation of the transactions contemplated by this Agreement and the Purchase Agreement remain outstanding, the Company shall take all steps necessary to appoint and retain as the Company’s Chief Executive Officer a nominee designated by Phoenix.
Appointment of Chief Executive Officer. (i) Prior to the Time of Closing, the Board of Directors of the Company shall have appointed Mr. Rxxxxx (Don) MacDonald to the position of President and Chief Executive Officer of the Company.
Appointment of Chief Executive Officer. The Board of Directors of the Company shall have appointed as Chief Executive Officer, with effect not later than and as of the Effective Date, the individual selected by the majority of the Substantial Investors, voting in proportion to their holdings of New Common Stock.
Appointment of Chief Executive Officer. (a) Concurrent with the execution of this Agreement, the Company shall appoint Fields to serve as the Chief Executive Officer of the Company. In connection therewith, Fields shall provide to the Company any and all information reasonably requested by the Company in order for the Company to comply with its filing obligations under applicable securities laws, including, but not limited to, completing and executing a directors and officers questionnaire. Without the express prior approval of the Board of Directors of the Company, prior to the Effective Time, Fields shall have no authority to, and shall not, engage in any of the following actions: (i) execute any checks (except as a co-sxxxxx) or authorize any transfer of any funds of the Company; (ii) cause the Company to make, offer or agree to make any loan to any person; (iii) cause the Company to incur or agree to incur any debt except for trade debt in the ordinary course of business consistent with past practice; (iv) sell, offer or agree to sell any assets of the Company except in the ordinary course of business consistent with past practice; or (v) cause the Company to enter into any agreement with Parent or Fields.
(b) subject to Section 6.1(a) and the other provisions of this Agreement: (i) Fields and other representatives of Parent as authorized by Fields, shall have full access to all the Company’s facilities and personnel, and (ii) the Company shall promptly furnish Fields and other representatives of Parent as authorized by Fields, all information requested from time to time that is reasonably available to the Company.
Appointment of Chief Executive Officer. As soon as practicable after -------------------------------------- the Effective Time, EXODUS shall nominate a candidate for election as the Company's Chief Executive Officer subject to the approval of the Company's Board of Directors (the "Chief Executive Officer"). The Chief Executive Officer shall serve for four (4) years from the date of such appointment. If the Chief Executive Officer's employment shall terminate for any reason during this four year period, EXODUS may nominate a further Chief Executive Officer to serve for the remainder of such four (4) year term, subject to Board approval.
Appointment of Chief Executive Officer. Evidence that the Board of Directors of Borrower shall have duly appointed a Chief Executive Officer satisfactory to Agent in its sole discretion;
Appointment of Chief Executive Officer. The Management Committee shall appoint a chief executive officer (the "Chief Executive Officer"), who will manage the day-to-day affairs of the Company, carry out the direction of the Management Committee and effectuate the business plan set forth in the Annual Budget.
Appointment of Chief Executive Officer. Upon execution of the Operating Agreement, Xxxxx Xxxxxxx shall be immediately appointed to serve as the Company’s Chief Executive Officer (the “Chief Executive Officer”). The Chief Executive Officer and all other officers named or appointed by the Board or the Chief Executive Officer shall serve at the pleasure of the Board of Managers or per a written employment agreement until such date as they shall either resign or removed by the Board.
Appointment of Chief Executive Officer. The Company will use its best efforts to appoint a new chief executive officer no later than the 12 months following the date hereof.
Appointment of Chief Executive Officer. Northpoint will provide Xx. Xxxxxxx to serve as the CEO and the Company appoints Xx. Xxxxxxx to serve as CEO, subject to the terms and conditions of this Agreement, with the title, compensation and other descriptions set forth herein.
