Common use of Election and Removal of Directors Clause in Contracts

Election and Removal of Directors. In the event that the holders of at least a majority of the then outstanding shares of Common Stock, the holders of at least a majority of the then outstanding shares of Series A Stock, or the holders of at least a majority of the then outstanding shares of Series C Stock, respectively, notify the Company that an individual has been designated to serve as a director which the holders of Common Stock, Series A Stock or Series C Stock, respectively, are entitled to elect under Section E.2(c) of Article IV of the Restated Certificate, the Company shall take such actions as may be necessary to ensure that such individual is duly appointed or elected as a director of the Company. In the event that the holders of at least a majority of the then outstanding shares of Common Stock, the holders of at least a majority of the then outstanding shares of Series A Stock, or the holders of at least a majority of the then outstanding shares of Series C Preferred Stock, respectively, notify the Company that they desire to remove a director which the holders of Common Stock, Series A Stock or Series C Stock, respectively, are entitled to remove under Section E.2(c) of Article IV of the Restated Certificate, the Company shall take such actions as may be necessary to ensure that such individual is removed as a director of the Company.

Appears in 5 contracts

Samples: Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc), Investor Rights Agreement (Mp3 Com Inc)

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