Common use of Change in Number of Directors Clause in Contracts

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 10 contracts

Samples: Incorporation Agreement, Incorporation Agreement (Boart Longyear Australia Pty LTD), Incorporation Agreement

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Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors directors, subject to Article 14.8, may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 8 contracts

Samples: Business Combination Agreement, Business Combination Agreement (Pono Capital Three, Inc.), Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a11.1(b) or 13.1(3)(a11.1(c): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if if, contemporaneously with setting that number, the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 8 contracts

Samples: Amalgamation Agreement (Asep Medical Holdings Inc.), Amalgamation Agreement (Asep Medical Holdings Inc.), Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may may, subject to Article 14.8, appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 8 contracts

Samples: Amalgamation Agreement, Amalgamation Agreement, Business Combination Agreement (Green Thumb Industries Inc.)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(b)(i) or 13.1(3)(a13.1(c)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 5 contracts

Samples: Business Combination Agreement (Plum Acquisition Corp. III), Merger Agreement, Business Combination Agreement (Acreage Holdings, Inc.)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(1)(a) or 13.1(3)(a13.1(2)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 4 contracts

Samples: Acquisition Agreement, Business Combination Agreement, Acquisition Agreement

Change in Number of Directors. If the number of directors is at any time fixed or set under Articles 13.1(2)(a) or 13.1(3)(a):hereunder: (1) . the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;; or (2) . if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 3 contracts

Samples: Amalgamation Agreement, Amalgamation Agreement, Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(a)(i) or 13.1(3)(a13.1(b)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 3 contracts

Samples: Business Combination Agreement (Jupiter Acquisition Corp), Incorporation Agreement (BirchBioMed Inc.), Merger Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors subject to Article 14.8, may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 2 contracts

Samples: Incorporation Agreement (QualTek Wireline LLC), Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a13.1(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors directors, subject to Article 14.8, may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 2 contracts

Samples: Arrangement Agreement (Bausch Health Companies Inc.), Arrangement Agreement (Bausch & Lomb Corp)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(1)(a) or 13.1(3)(a13.1(2)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 2 contracts

Samples: Amalgamation Agreement, Business Combination Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(aArticle 13.1(b): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;result from that change; and (2b) subject to Article 14.7, if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of result from that numberchange, then the directors may appoint, or the shareholders may elect or appoint, appoint additional directors to fill those vacancies.

Appears in 2 contracts

Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc), Business Combination Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1 (b)(i) or 13.1(3)(a13.1 (c)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(2}(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Inpixon)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(b)(i) or 13.1(3)(a13.1(c)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors directors, subject to Article 14.8, may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Share Purchase Agreement

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Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may may, by ordinary resolution, elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors directors, subject to Article 14.8, may appoint, or the shareholders may elect or appoint, appoint directors to fill those vacancies.

Appears in 1 contract

Samples: Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(b)(1) or 13.1(3)(a13.1(c)(1): (1a) the shareholders may contemporaneously elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;; and (2b) subject to Article 14.8, if the shareholders do not contemporaneously elect or appoint the directors needed to fill any vacancies in the board number of directors up to that number contemporaneously with the setting of that numberset resulting in vacancies, then the directors may appoint, or failing which the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Business Combination Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a13.1(b)(i) or 13.1(3)(a):13.1(c)(i). (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Amalgamation Agreement (Petaquilla Minerals LTD)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(aArticle 13.1(b)(i) or 13.1(3)(a13.1(c)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;; and (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Business Combination Agreement (Screaming Eagle Acquisition Corp.)

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(aArticle 13.1(a)(i) or 13.1(3)(a13.1(b)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may may, subject to Article 14.8, appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Business Combination Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(a): (1) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number; (2) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.

Appears in 1 contract

Samples: Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(aArticle 13.1(b)(i) or 13.1(3)(a13.1(c)(i): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;number;‌ (2b) if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of that number, then the directors may appoint, or the shareholders may elect or appoint, directors to fill those vacancies.vacancies.‌

Appears in 1 contract

Samples: Amalgamation Agreement

Change in Number of Directors. If the number of directors is set under Articles 13.1(2)(a) or 13.1(3)(aArticle 13.1(b): (1a) the shareholders may elect or appoint the directors needed to fill any vacancies in the board of directors up to that number;result from that change; and (2b) subject to Article 14.7, if the shareholders do not elect or appoint the directors needed to fill any vacancies in the board of directors up to that number contemporaneously with the setting of result from that numberchange, then the directors may appoint, or the shareholders may elect or appoint, appoint additional directors to fill those vacancies.. CAN: 28357429.1

Appears in 1 contract

Samples: Business Combination Agreement (Acreage Holdings, Inc.)

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