Common use of APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE Clause in Contracts

APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE. 4.1 During the term of this Agreement, the Corporate Services Provider will nominate at least two Persons who are willing and available to be appointed as Directors of each of the Companies and one Person which is willing and able to be appointed as Secretary of each of the Companies and the Corporate Services Provider shall procure that each of the Persons nominated by it as a Director or Secretary from time to time accepts the relevant appointment and acts in the relevant capacity and does so without fee or remuneration from any of the Companies, save that nothing in this Agreement shall prejudice the right of any Person under Clause 12 (Remuneration, Costs and Expenses) or Clause 8 (Liability) of this Agreement or under the Memorandum and Articles of Association of any of the Companies to fees, remuneration or other payments. Nothing herein shall prevent the Corporate Services Provider from nominating itself as a Director or Secretary of each of the Companies. No director will be connected to Accord or its successor or assigns or another company within the YBS Group. 4.2 The Corporate Services Provider hereby confirms that, if any of the Directors or the Secretary it nominates pursuant to Clause 4.1 should resign or retire or for any other reason cease to act as Director or Secretary (as the case may be), it will promptly: (a) procure that such Director or Secretary (as the case may be) shall acknowledge in writing (except in the case of death, or sudden incapacity) that he has no claim of any nature whatsoever against the Company; (b) nominate another Person willing to act in the relevant capacity; (c) procure the consent of that Person to act in that capacity; and (d) procure that the Person accepts his appointment on the basis that the effectiveness of any such resignation, retirement or cessation of discharge is conditional on the obligations in Clauses 4.2(a) and 4.2(b) having been satisfied. 4.3 Following the service of a Note Acceleration Notice on the Issuer, if Holdings exercises its rights to appoint new directors pursuant to Clause 6.1 below and such directors are appointed, then the directors appointed by the Corporate Services Provider pursuant to this Clause 4 may (but are not obliged to) resign and the obligations of the Corporate Services Provider to nominate directors pursuant to this Clause 4 shall cease to have effect.

APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE. 4.1 During the term of this Agreement, the Corporate Services Provider will nominate at least two Persons who are willing and available to be appointed as Directors of each of the Companies and one Person which is willing and able to be appointed as Secretary of each of the Companies and the Corporate Services Provider shall procure that each of the Persons nominated by it as a Director or Secretary from time to time accepts the relevant appointment and acts in the relevant capacity and does so without fee or remuneration from any of the Companies, save that nothing in this Agreement shall prejudice the right of any Person under Clause 12 (Remuneration, Costs and Expenses) or Clause 8 (Liability) of this Agreement or under the Memorandum and Articles of Association of any of the Companies to fees, remuneration or other payments. Nothing herein shall prevent the Corporate Services Provider from nominating itself as a Director or Secretary of each of the Companies. No director will be connected to Accord or its successor or assigns or another company within the YBS Group. 4.2 The Corporate Services Provider hereby confirms that, if any of the Directors or the Secretary it nominates pursuant to Clause 4.1 should resign or retire or for any other reason cease to act as Director or Secretary (as the case may be), it will promptly: (a) procure that such Director or Secretary (as the case may be) shall acknowledge in writing (except in the case of death, or sudden incapacity) that he has no claim of any nature whatsoever against the Company; (b) nominate another Person willing to act in the relevant capacity; (c) procure the consent of that Person to act in that capacity; and (d) procure that the Person accepts his appointment on the basis that the effectiveness of any such resignation, retirement or cessation of discharge is conditional on the obligations in Clauses 4.2(a) and 4.2(b) having been satisfied. 4.3 Following the service of a Note Acceleration Notice on the Issuer, if Holdings exercises its rights to appoint new directors pursuant to Clause 6.1 below (Nomination of Directors After Service of a Note Acceleration Notice) and such directors are appointed, then the directors appointed by the Corporate Services Provider pursuant to this Clause 4 may (but are not obliged to) resign and the obligations of the Corporate Services Provider to nominate directors pursuant to this Clause 4 shall cease to have effect.

APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE. 4.1 During the term of this Agreement, the Corporate Services Provider will nominate at least two Persons who are willing and available to be appointed as Directors of each of the Companies and one Person which is willing and able to be appointed as Secretary of each of the Companies and the Corporate Services Provider shall procure that each of the Persons nominated by it as a Director or Secretary from time to time accepts the relevant appointment and acts in the relevant capacity and does so without fee or remuneration from any of the Companies, save that nothing in this Agreement shall prejudice the right of any Person under Clause 12 (Remuneration, Costs and Expenses) or Clause 8 (Liability) of this Agreement or under the Memorandum and Articles of Association of any of the Companies to fees, remuneration or other payments. Nothing herein shall prevent the Corporate Services Provider from nominating itself as a Director or Secretary of each of the Companies. No director will be connected to Accord or its successor or assigns or another company within the YBS Group. 4.2 The Corporate Services Provider hereby confirms that, if any of the Directors or the Secretary it nominates pursuant to Clause 4.1 should resign or retire or for any other reason cease to act as Director or Secretary (as the case may be), it will promptly: (a) procure that such Director or Secretary (as the case may be) shall acknowledge in writing (except in the case of death, or sudden incapacity) that he has they have no claim of any nature whatsoever against the Company; (b) nominate another Person willing to act in the relevant capacity; (c) procure the consent of that Person to act in that capacity; and (d) procure that the Person accepts his their appointment on the basis that the effectiveness of any such resignation, retirement or cessation of discharge is conditional on the obligations in Clauses 4.2(a) and 4.2(b) having been satisfied. 4.3 Following the service of a Note Acceleration Notice on the Issuer, if Holdings exercises its rights to appoint new directors pursuant to Clause 6.1 below (Nomination of Directors After Service of a Note Acceleration Notice) and such directors are appointed, then the directors appointed by the Corporate Services Provider pursuant to this Clause 4 may (but are not obliged to) resign and the obligations of the Corporate Services Provider to nominate directors pursuant to this Clause 4 shall cease to have effect.

APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE. ‌ 4.1 During the term of this Agreement, the Corporate Services Provider will nominate at least two Persons who are willing and available to be appointed as Directors of each of the Companies and one Person which is willing and able to be appointed as Secretary of each of the Companies and the Corporate Services Provider shall procure that each of the Persons nominated by it as a Director Direc tor or Secretary from time to time accepts the relevant appointment and acts in the relevant capacity and does so without fee or remuneration from any of the Companies, save that nothing in this Agreement shall prejudice the right of any Person under Clause 12 (Remuneration, Costs and Expenses) or Clause 8 (Liability) of this Agreement or under the Memorandum and Articles of Association of any of the Companies to fees, remuneration or other payments. Nothing herein shall prevent the Corporate Services Provider from nominating itself as a Director or Secretary of each of the Companies. No director will be connected to Accord or its successor or assigns or another company within the YBS Group. 4.2 The Corporate Services Provider hereby confirms that, if any of the Directors or the Secretary it nominates pursuant to Clause 4.1 should resign or retire or for any other reason cease to act as Director or Secretary (as the case may be), it will promptly: (a) procure that such Director or Secretary (as the case may be) shall acknowledge in writing (except in the case of death, or sudden incapacity) that he has they have no claim of any nature whatsoever against the Company; (b) nominate another Person willing to act in the relevant capacity; (c) procure the consent of that Person to act in that capacity; and (d) procure that the Person accepts his their appointment on the basis that the effectiveness of any such resignation, retirement or cessation of discharge is conditional on the obligations in Clauses 4.2(a) and 4.2(b) having been satisfied. 4.3 Following the service of a Note Acceleration Notice on the Issuer, if Holdings exercises its rights to appoint new directors pursuant to Clause 6.1 below (Nomination of Directors After Service of a Note Acceleration Notice) and such directors are appointed, then the directors appointed by the Corporate Services Provider pursuant to this Clause 4 may (but are not obliged to) resign and the obligations of the Corporate Services Provider to nominate directors pursuant to this Clause 4 shall cease to have effect.

APPOINTMENT OF DIRECTORS AND SECRETARIES PRIOR TO SERVICE OF A NOTE ACCELERATION NOTICE. 4.1 During the term of this Agreement, the Corporate Services Provider will nominate at least two Persons who are willing and available to be appointed as Directors of each of the Companies and one Person which is willing and able to be appointed as Secretary of each of the Companies and the Corporate Services Provider shall procure that each of the Persons nominated by it as a Director or Secretary from time to time accepts the relevant appointment and acts in the relevant capacity and does so without fee or remuneration from any of the Companies, save that nothing in this Agreement shall prejudice the right of any Person under Clause 12 (Remuneration, Costs and Expenses) or Clause 8 (Liability) of this Agreement or under the Memorandum and Articles of Association of any of the Companies to fees, remuneration or other payments. Nothing herein shall prevent the Corporate Services Provider from nominating itself as a Director or Secretary of each of the Companies. No director will be connected to Accord or its successor or assigns or another company within the YBS Group. 4.2 The Corporate Services Provider hereby confirms that, if any of the Directors or the Secretary it nominates pursuant to Clause 4.1 should resign or retire or for any other reason cease to act as Director or Secretary (as the case may be), it will promptly: (a) procure that such Director or Secretary (as the case may be) shall acknowledge in writing (except in the case of death, or sudden incapacity) that he has no claim of any nature whatsoever against the Company; (b) nominate another Person willing to act in the relevant capacity; (c) procure the consent of that Person to act in that capacity; and (d) procure that the Person accepts his appointment on the basis that the effectiveness of any such resignation, retirement or cessation of discharge is conditional on the obligations in Clauses 4.2(a) and 4.2(b) having been satisfied. 4.3 Following the service of a Note Acceleration Notice on the Issuer, if Holdings exercises its rights to appoint new directors pursuant to Clause 6.1 below and such directors are appointed, then the directors appointed by the Corporate Services Provider pursuant to this Clause 4 may (but are not obliged to) resign and the obligations of the Corporate Services Provider to nominate directors pursuant to this Clause 4 shall cease to have effect.