Common use of Board of Directors of Surviving Corporation Clause in Contracts

Board of Directors of Surviving Corporation. (a) As of the Effective Time, the number of directors of Xxxxxxx shall be fixed at nine (9). As of the Effective Time, four (4) of the directors of Xxxxxxx shall be Xxxxxx X. Xxxxxxx, Xxxxxx X. Xxxxx III, Xxxxx X. Xxxxxx and Xxxxx X. Xxxxxxxxxxx (the foregoing four (4) individuals being referred to herein collectively as the "Xxxxxxx Designees"). As of the Effective Time, the remaining five (5) directors of Xxxxxxx shall be Xxxx X. Xxxxxx, Xxxx X. Xxxxxx, Xxxxxxx X. Xxxx and Xxxxxx X. Xxxxxxxx and one (1) individual (the "Independent Director") designated by RMSI prior to the Effective Time who shall not be an employee of either RMSI or Xxxxxxx and shall otherwise be reasonably acceptable to Xxxxxxx (the foregoing five (5) individuals being referred to herein collectively as the "RMSI Designees").

Board of Directors of Surviving Corporation. (a) As of the Effective Time, the number of directors of Xxxxxxx shall Merkxxx xxxll be fixed at nine (9). As of the Effective Time, four (4) of the directors of Xxxxxxx shall Merkxxx xxxll be Xxxxxx Geraxx X. Xxxxxxx, Xxxxxx Xxwaxx X. Xxxxx IIIXXX, Xxxxx Jamex X. Xxxxxx and Xxxxx xxx Jamex X. Xxxxxxxxxxx (the xxe foregoing four (4) individuals being referred to herein collectively as the "Xxxxxxx DesigneesMerkxxx Xxxignees"). As of the Effective Time, the remaining five (5) directors of Xxxxxxx shall Merkxxx xxxll be Xxxx John X. Xxxxxx, Xxxx Xxck X. Xxxxxx, Xxxxxxx Xxmoxxx X. Xxxx and Xxxxxx xxx Ronaxx X. Xxxxxxxx and xxx one (1) individual (the "Independent Director") designated by RMSI prior to the Effective Time who shall not be an employee of either RMSI or Xxxxxxx and Merkxxx xxx shall otherwise be reasonably acceptable to Xxxxxxx Merkxxx (the xxe foregoing five (5) individuals being referred to herein collectively as the "RMSI Designees").