Appointment Rights Sample Clauses

Appointment Rights. The RedFish-Shares conveyed to DataD under this Agreement grant to DataD the sole, exclusive, and unilateral right to appoint at DataD’s discretion, no less than two directors to serve on the board of directors for RedFish (“DataD’s RedFish-Directors”).
Sample 1
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Appointment Rights. For so long as the Purchaser owns 4.4% or more of the Company’s issued and outstanding Voting Shares, the Purchaser shall have the right to appoint one (1) manager to the Board, provided that such appointee must be a resident of the United States and must comply with the reasonable requirements applicable to managers of the Company set forth in the Operating Agreement. For so long as the Purchaser owns 4.4% or more of the Company’s issued and outstanding Voting Shares, the Purchaser shall have the right to appoint one (1) non-voting observer to the Board, provided that such appointee must comply with any reasonable requirements set by the Company for Board observers (including any policies with respect to limiting such observers’ access to Board proceedings and materials).
Sample 1
Appointment Rights. If requested by the DIP Lender, the Borrowers shall cause one Person designated by the DIP Lender to be designated or appointed as one of the Borrowers’ designees to the board of directors of each homeowner’s or property owner’s association, provided that any Person so designated by the DIP Lender meets the necessary eligibility criteria for membership on any such board. After the occurrence and during the continuance of an Event of Default, the DIP Lender shall be entitled, in the place and stead of the Borrowers, to exercise all the Borrowers’ developer’s rights with respect to the Project, any such association, any municipal utility district, TIRZ or other similar association or entity, including the right to appoint and to remove directors from the board of directors of any such association. After the occurrence and during the continuance of an Event of Default, if so requested by the DIP Lender any or all of resignations that have been delivered pursuant to Section 4.1(a)(vii) shall become effective. Without the prior written consent of the DIP Lender, the Borrowers will not take any action to amend or modify any agreement with any municipal utility district, any TIRZ or any property owners’ or home owner’s association or other similar entity or take any other action that would restrict, or result in a restriction upon the ability of the DIP Lender (or any purchaser acquiring the Project from the DIP Lender in a foreclosure sale) to exercise those rights after the occurrence and during the continuance of an Event of Default or following a foreclosure by the DIP Lender.
Sample 1
Appointment Rights. For so long as the Subscriber owns 10% or more of the issued and outstanding Shares, the Subscriber shall have the right to appoint one director to the Board, provided that such appointee must meet the Required Board Criteria.
Sample 1
Appointment Rights. (a) Ambipar shall be entitled to nominate a number of designees to the Board of Directors by written notice served upon the Company, as set forth below: (i) for so long as the aggregate voting power of Class B Common Shares held by Ambipar continues to be at least fifty percent (50%) of the total voting power of all shares, then Ambipar shall be entitled to nominate at least the majority of the Directors; provided that at least one (1) out of such Directors shall qualify as an Independent Director pursuant to Rule 10A-3 under the Exchange Act and shall also be appointed as a member of the Audit Committee; provided, further, that if more than one Director nominated by Ambipar shall be appointed as a member of the Audit Committee, such member shall also qualify as an Independent Director pursuant to Rule 10A-3 under the Exchange Act should the applicable rules and regulations so require; and (ii) for so long as the aggregate voting power of Class B Common Shares held by Ambipar continues to be at least twenty-five percent (25%), but less than fifty percent (50%), of the total voting power of all shares, then Ambipar shall be entitled to nominate at least one-third of the Directors to the Board of Directors. (b) For so long as the Sponsor is subject to the transfer restrictions with respect to its Class A Common Shares pursuant to the terms of the Investor Rights Agreement, the Sponsor shall be entitled to nominate one Director by written notice served upon the Company; provided that such Sponsor Director shall qualify as an Independent Director. The Sponsor Director shall also be appointed as a member of the Audit Committee, provided that the Sponsor Director shall be considered an Independent Director pursuant to Rule 10A-3 under the Exchange Act. (c) For so long as Opportunity shall hold at least fifty percent (50%) of the Class A Common Share voting power held by Opportunity immediately after Closing (as defined in the Business Combination Agreement), Opportunity shall be entitled to nominate one Director by written notice served upon the Company.
Sample 1
Appointment Rights. Subject to Section 5.1(d), the right of any Investor to appoint and remove any Investor Director and the CEO (as applicable) under Article 1 shall not be assigned to any other Person.
Sample 1
Appointment Rights. Holders representing a majority of the total Existing Principal Amount advanced under the Initial Financing Debentures and Subsequent Financing Debentures shall have the right to nominate two (2) individuals to serve on the Board of Directors of the Company and/or two (2) individuals to serve as observers to the Board of Directors of the Company. The Company shall use its best efforts to cause the individuals named in the preceding sentence to serve in the capacities indicated within two (2) weeks of such individuals being named.
Sample 1
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Appointment Rights. Each Member purchasing at least 15,000 and no more than 39,999 Units from the Company in the Company’s initial offering registered with the Securities and Exchange Commission shall be entitled to appoint one (1) Director to the Company’s Board of Directors; and each Member purchasing 40,000 or more Units from the Company in the Company’s initial offering registered with the Securities and Exchange Commission shall be entitled to appoint two (2) Directors to the Company’s Board of Directors.
Sample 1
Appointment Rights. Subject to Section 6.02(b), if, but only if, the Beneficial Owner of the Class A Interest has appointed all of the directors that such Beneficial Owner is entitled to appoint, such Beneficial Owner shall have the right to instruct the Class A Designated Directors to cause the immediate appointment of one half of the directors, or equivalent positions, of each subsidiary of the Trust other than subsidiaries of Azurix Europe. In any subsidiary (the "Subject Subsidiary") of the Trust where the Beneficial Owner of the Class A Interest has failed to cause the appointment of all the directors (or equivalent positions) that such Beneficial Owner has the right to appoint, the right of the directors of the Subject Subsidiary who represent such Beneficial Owner to appoint directors in any lower-tier subsidiary shall be suspended until the Beneficial Owner of the Class A Interest causes the appointment of all of the directors of the Subject Subsidiary that such Beneficial Owner is entitled to appoint.
Sample 1

Related to Appointment Rights

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of Rights Agent The Company hereby appoints the Rights Agent to act as agent for the Company and the holders of the Rights (who, in accordance with Section 3 hereof, shall prior to the Distribution Date also be the holders of the Common Shares) in accordance with the terms and conditions hereof, and the Rights Agent hereby accepts such appointment. The Company may from time to time appoint such co-Rights Agents as it may deem necessary or desirable.

  • Appointment of Advisor The Trust hereby employs the Advisor and the Advisor hereby accepts such employment, to render investment advice and related services with respect to the assets of the Fund for the period and on the terms set forth in this Agreement, subject to the supervision and direction of the Trust’s Board of Trustees (the “Board of Trustees”).

  • Appointment of Representatives 11.01 The Employer acknowledges the right of the Union to appoint employees as Union Representatives. The Union will provide the Employer with the names of all Union Representatives within a reasonable period. 11.02 The Union shall determine the jurisdiction of each Union Representative, having regard to the plan of organization, the distribution of employees at the workplace and the administrative structure implied by the grievance procedure covered by this Agreement.

  • Appointment Each Lender hereby irrevocably designates and appoints the Administrative Agent as the agent of such Lender under this Agreement and the other Loan Documents, and each such Lender irrevocably authorizes the Administrative Agent, in such capacity, to take such action on its behalf under the provisions of this Agreement and the other Loan Documents and to exercise such powers and perform such duties as are expressly delegated to the Administrative Agent by the terms of this Agreement and the other Loan Documents, together with such other powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary elsewhere in this Agreement, the Administrative Agent shall not have any duties or responsibilities, except those expressly set forth herein, or any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Administrative Agent.

  • APPOINTMENT OF ADVISER The Manager hereby appoints the Adviser to act as an investment adviser for the Fund, subject to the supervision and oversight of the Manager and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Manager in any way or otherwise be deemed an agent of the Trust or the Manager except as expressly authorized in this Agreement or another writing by the Trust, the Manager and the Adviser.

  • Appointment of Representative (a) Selection Upon the occurrence of an Event of Default, a single representative shall be appointed to represent all of the Holders (the “Representative”). The Representative (i) may, but need not, be a Holder; (ii) shall not be affiliated with or related to the Company; and (iii) shall be selected by the Holders as follows: 1. For a period of up to twenty (20) business days following the Notice of Default, the Holders shall confer among themselves as to the appointment of a Representative. 2. If at any time during such twenty (20) day period, the Holders of a majority of the Notes, measured by the original Principal Amount of each such Note (a “Majority”), agree as to the appointment of a Representative, that person shall be the Representative.

  • Appointment of Right Agent The Company hereby appoints the Right Agent to act as agent for the Company for the Rights, and the Right Agent hereby accepts such appointment and agrees to perform the same in accordance with the terms and conditions set forth in this Agreement.

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

  • Appointment of the Sub-Adviser The Adviser hereby appoints the Sub-Adviser to act as an investment adviser for each Portfolio, subject to the supervision and oversight of the Adviser and the Trustees of the Trust, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Trust or the Adviser in any way or otherwise be deemed an agent of the Trust or the Adviser except as expressly authorized in this Agreement or another writing by the Trust, the Adviser and the Sub-Adviser.

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