Common use of Appointment Process Clause in Contracts

Appointment Process. (i) For so long as the Company is listed on AIM and/or Euronext, each person proposed for appointment as a Director shall, as a condition to his or her appointment, be required to provide the NOMAD and/or the Euronext Advisor (as applicable) with such information and certifications as the NOMAD and/or the Euronext Advisor may reasonably require to enable them to satisfy themselves as to the suitability of such person to serve as a director of a company listed on AIM and/or Euronext. (ii) Any nomination for appointment or reappointment of a Shareholder Representative by either Highbridge or Athyrium or their respective Affiliates, pursuant to Section 4(a)(v), shall be made by written notice to the Company. The Company shall, subject to prior compliance with Section 4(b)(i), within fifteen (15) Business Days after the date of the notice from Highbridge or Athyrium, ensure that the person so nominated is proposed for appointment or reappointment (as the case may be) as a Director, at a meeting of the Board by way of resolution of the Board or by a written resolution of the Directors and that such appointment is approved at the next meeting of the shareholders of the Company. (iii) For a period of two (2) years from the Effective Date, the chief executive officer of the Company shall have the right to nominate for appointment, subject to the prior unanimous approval of the Current Shareholders, which approval shall not be unreasonably withheld, the chairman of the Board (the “Chairman”). The Chairman shall not be affiliated with the Company. Following the second anniversary of the Effective Date, the Chairman shall be appointed by a majority vote of the Directors.

Appointment Process. (i) For so long as the Company is listed on AIM and/or Euronext, each person proposed for appointment as a Director shall, as a condition to his or her appointment, be required to provide the NOMAD and/or the Euronext Advisor (as applicable) with such information and certifications as the NOMAD and/or the Euronext Advisor may reasonably require to enable them to satisfy themselves as to the suitability of such person to serve as a director of a company listed on AIM and/or Euronext. (ii) Any nomination for appointment or reappointment of a Shareholder Representative by either Highbridge or Athyrium or their respective Affiliates, pursuant to Section 4(a)(v), shall be made by written notice to the Company. The Company shall, subject to prior compliance with Section 4(b)(i), within fifteen (15) Business Days after the date of the notice from Highbridge or Athyrium, ensure that the person so nominated is proposed for appointment or reappointment (as the case may be) as a Director, at a meeting of the Board by way of resolution of the Board or by a written resolution of the 17 US-DOCS\107261544.5 Directors and that such appointment is approved at the next meeting of the shareholders of the Company. (iii) For a period of two (2) years from the Effective Date, the chief executive officer of the Company shall have the right to nominate for appointment, subject to the prior unanimous approval of the Current Shareholders, which approval shall not be unreasonably withheld, the chairman of the Board (the “Chairman”). The Chairman shall not be affiliated with the Company. Following the second anniversary of the Effective Date, the Chairman shall be appointed by a majority vote of the Directors.