Common use of Appointment of Stockholder Representative Clause in Contracts

Appointment of Stockholder Representative. By virtue of the approval of this Agreement by the holders of Company Common Stock and Company Preferred Stock, Xxxx X. Xxxxxx shall be approved and appointed by the Company the “Stockholder Representative” under the Indemnification Escrow Agreement (the “Stockholder Representative”) and shall be constituted and appointed as agent and attorney-in-fact for and on behalf of each such holder. The Stockholder Representative shall have full power and authority to represent such holders and their successors with respect to all matters arising under the Indemnification Escrow Agreement and all actions taken by the Stockholder Representative thereunder shall be binding upon all stockholders and their successors as if expressly confirmed and ratified in writing by each of them, including, without limitation, resolving all claims relating to the Escrow Fund (as defined in the Indemnification Escrow Agreement) and any indemnification claims and obligations.

Appointment of Stockholder Representative. By virtue of the approval of this Agreement by the holders of Company Common Stock and Company Preferred Stock, Xxxx X. Xxxxxx John A. Friede shall be approved and appointed by the Company the “Stockholder Representative” "Xxxxxxxxxxx Xepresentative" under the Indemnification Escrow Agreement (the “"Stockholder Representative”") and shall be constituted and appointed as agent and attorney-in-fact for and on behalf of each such holder. The Stockholder Representative shall have full power and authority to represent such holders and their successors with respect to all matters arising under the Indemnification Escrow Agreement and all actions taken by the Stockholder Representative thereunder shall be binding upon all stockholders and their successors as if expressly confirmed and ratified in writing by each of them, including, without limitation, resolving all claims relating to the Escrow Fund (as defined in the Indemnification Escrow Agreement) and any indemnification claims and obligations.

Appointment of Stockholder Representative. By virtue of the approval of this Agreement by the holders of Company Common Stock and Company Preferred Stock, Xxxx X. Xxxxxx shall be approved as and appointed by the Company to be the “"Stockholder Representative” " under the Indemnification Escrow Agreement (the “"Stockholder Representative”") and shall be constituted and appointed as agent and attorney-in-fact for and on behalf of each such holder. The Stockholder Representative shall have full power and authority to represent such holders and their successors with respect to all matters arising under the Indemnification Escrow Agreement and all actions taken by the Stockholder Representative thereunder shall be binding upon all stockholders and their successors as if expressly confirmed and ratified in writing by each of them, including, without limitation, resolving all claims relating to the General Escrow Fund (as defined in and the Indemnification Special Escrow Agreement) Fund and any indemnification claims and obligations."

Appointment of Stockholder Representative. By virtue of the approval of this Agreement by the holders of Company Common Stock and Company Preferred Stock, Xxxx X. Xxxxxx John A. Friede shall be approved as and appointed by the Company the “Comxxxx xx xx xxx "Stockholder Representative” " under the Indemnification Escrow Agreement (the “"Stockholder Representative”") and shall be constituted and appointed as agent and attorney-in-fact for and on behalf of each such holder. The Stockholder Representative shall have full power and authority to represent such holders and their successors with respect to all matters arising under the Indemnification Escrow Agreement and all actions taken by the Stockholder Representative thereunder shall be binding upon all stockholders and their successors as if expressly confirmed and ratified in writing by each of them, including, without limitation, resolving all claims relating to the General Escrow Fund (as defined in and the Indemnification Special Escrow Agreement) Fund and any indemnification claims and obligations."