Common use of Appointment of the Equityholder Representative Clause in Contracts

Appointment of the Equityholder Representative. Each Equityholder, upon execution of a Letter of Transmittal and by the adoption of the Merger, and receiving the benefits thereof, including any consideration payable hereunder, shall be deemed to have, on behalf of himself, herself or itself and such Equityholder’s successors and permitted assigns, irrevocably constituted and appointed the Equityholder Representative, as of the Closing, as representative, attorney-in-fact and agent for such Equityholder and such Equityholder’s successors and permitted assigns, for all purposes in connection with the execution and performance of this Agreement, and any related agreements. This power is irrevocable and coupled with an interest, and will not be affected by the death, incapacity, illness, dissolution or other inability to act of any Equityholder or such Equityholder’s successors or permitted assigns.