Board Appointment and Approval. In accordance with the Certificate of Designation (Series B) and the Investor Rights Agreement, the Board shall have appointed three representatives of the holders of Series B Preferred Stock to the Board (the “Series B Directors”), which representatives shall be Xxxxxx Xxxxxxxx, Xxxxxx Xxxxx and Xxxxxxx Xxxxxx to fill the vacancies caused by the resignations required under subsection (j) above and Xxxxx Xxxxx and Xxxx Xxxxxxxx shall have been duly elected to serve on the Board by the stockholders of the Company at the Stockholders Meeting contemplated by Section 8.1 hereof, duly called and held in accordance with the Delaware General Corporation Law.
Appears in 6 contracts
Samples: Exchange Agreement (Phoenix Venture Fund LLC), Series B Preferred Stock Purchase Agreement (Phoenix Venture Fund LLC), Exchange Agreement (Phoenix Venture Fund LLC)
