Failure to Elect or Appoint Directors. If the Company fails to hold an annual general meeting in accordance with the Act, or if the Company fails, at an annual general meeting or in a unanimous resolution contemplated by Article 10.2, to elect or appoint any directors, each director then in office continues to hold office until the earlier of: (a) when his or her successor is elected or appointed; and (b) when he or she otherwise ceases to hold office under the Act or these Articles.
Appears in 3 contracts
Samples: Class a Preferred Share Purchase Agreement (Mechanical Technology Inc), Business Combination Agreement (Acreage Holdings, Inc.), Business Combination Agreement
Failure to Elect or Appoint Directors. If If:
(1) the Company fails to hold an annual general meeting in accordance with meeting, and all the Act, or if the Company fails, shareholders who are entitled to vote at an annual general meeting fail to pass the unanimous resolution contemplated by Article 10.2, on or before the date by which the annual general meeting is required to be held under the Business Corporations Act; or
(2) the shareholders fail, at the annual general meeting or in a the unanimous resolution contemplated by Article 10.2, to elect or appoint any directors, ; then each director then in office continues to hold office until the earlier of:
(a) when his or her successor is elected or appointed; and
(b) when he or she otherwise ceases to hold office under the Act or these Articles.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Inpixon), Transaction Agreement, Arrangement Agreement (Kobex Minerals Inc.)
Failure to Elect or Appoint Directors. If If:
(a) the Company fails to hold an annual general meeting in accordance with meeting, and all the Act, or if the Company fails, shareholders who are entitled to vote at an annual general meeting fail to pass the unanimous resolution contemplated by Article 10.2, on or before the date by which the annual general meeting is required to be held under the Act; or
(b) the shareholders fail, at the annual general meeting or in a the unanimous resolution contemplated by Article 10.2, to elect or appoint any directors, ; then each director then in office continues to hold office until the earlier of:
(a) when his or her successor is elected or appointed; and
(b) when he or she otherwise ceases to hold office under the Act or these Articles.
Appears in 1 contract
Samples: Business Combination Agreement (Acreage Holdings, Inc.)
