Failure to Designate. If a Participant has failed to designate effectively a Beneficiary to receive the Participant's death benefits under the Plan, or if a Beneficiary previously designated has predeceased the Participant and no alternative designation has become effective, such benefits shall be distributed to the Participant's surviving Spouse, if any, or if no Spouse survives the Participant, to the Participant's estate.
Failure to Designate. If any party fails to designate a representative to fill a directorship pursuant to the terms of Section 1.1, the election of a person to such directorship shall be accomplished in accordance with Parent's certificate of incorporation, bylaws and applicable law.
Failure to Designate. If the Grantee fails to designate a beneficiary as provided above, or if all designated beneficiaries predecease the Grantee, then all payments hereunder in respect of the Grantee shall be made to the Grantee’s estate. In such circumstances, the distribution will be made in cash.
Failure to Designate. If any party fails to designate a -------------------- representative to fill a directorship pursuant to the terms of this Section 1, the individual previously holding such directorship shall be elected to such position, or if such individual fails or declines to serve as a director, the election of an individual to such directorship shall be accomplished in accordance with the Company's Bylaws and applicable law; provided that the Stockholders shall vote to remove such individual so elected if the party which failed to designate such directorship so directs.
Failure to Designate. Any Securityholder entitled to designate a representative to fill any director position pursuant to the terms of this SECTION 8.1 may direct that such director position is left vacant. If the Securityholder entitled to designate such director fails to designate a representative to fill any director position pursuant to the terms of this SECTION 8.1 and fails to direct that such director position shall be left vacant, then the election of an individual to such directorship shall be accomplished in accordance with the Company's or Company Subsidiary's bylaws and applicable law; provided that the Securityholders shall vote to remove such individual if the Securityholder entitled to designate such individual pursuant to SECTION 8.1(a) above so directs. In the event any Securityholder entitled to designate a representative to fill a director position directs that such position be left vacant or fails to designate a representative, such Securityholder shall be entitled to designate one observer for each such director position.
Failure to Designate. If any Person fails to designate a -------------------- representative to fill a directorship or committee seat pursuant to the terms of this Section 5, such directorship or --------- committee seat shall remain vacant until such Person which failed to designate such directorship or committee seat so directs.
Failure to Designate. If the Borrower fails to deliver a timely Interest Election Request with respect to a Fixed Rate Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing, if outstanding as a Dollar Fixed Rate Borrowing, shall be converted to an ABR Borrowing and if outstanding as a Fixed Rate Borrowing in an Available Currency other than Dollars, shall be continued as a Fixed Rate Borrowing denominated in the same Available Currency with an Interest Period of one month.
Failure to Designate. In the event that (i) a Stockholder entitled to designate a nominee for the Board is unable to designate such a nominee, or (ii) the designee of a Stockholder resigns, in either case, due to any legal provision or restriction relating to such Stockholder, such Stockholder shall have the right to designate one Person to attend, but not vote at, any meeting of the Board.
Failure to Designate. Any Stockholder entitled to designate a representative to fill any director position pursuant to the terms of this Section 1.1 may direct that such director position is left vacant. If the Stockholder entitled to designate such director fails to designate a representative to fill any director position pursuant to the terms of this Section 1.1 and fails to direct that such director position shall be left vacant, then the election of an individual to such directorship shall be accomplished in accordance with the Company's or Company Subsidiary's bylaws and applicable law; provided that the Stockholders shall vote to remove such individual if the Stockholder entitled to designate such individual pursuant to Section 1.1(a) above so directs. In the event any Stockholder entitled to designate a representative to fill a director position directs that such position be left vacant or fails to designate a representative, such Stockholder shall be entitled to designate one observer for each such director position.
Failure to Designate. If upon the expiration of any Interest Period applicable to LIBOR Rate Loans, the Borrower has failed to select timely a new Interest Period to be applicable to such LIBOR Rate Loans, as the case may be, or if, upon any such expiration, any Default or Event of Default shall then exist, the Borrower shall be deemed to have elected to convert such LIBOR Rate Loans into Prime Rate Loans effective as of the expiration date of such current Interest Period.
