Failure to Nominate. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees fail to agree upon a Chairperson within the time stipulated, the appointment shall be made by the Minister of Labour upon the request of either Party.
Failure to Nominate. In the event of a termination of the Participant’s service as a Director of the Company on the date of the applicable annual stockholders meeting of the Company due to a Failure to Nominate (which, for the avoidance of doubt, will not be determinable until the date of the applicable annual stockholders meeting of the Company) prior to the final Vesting Date, any unvested RSUs (and any dividend equivalents accrued thereon pursuant to this Agreement) shall become immediately fully vested and settled in accordance with Section 2 above.
Failure to Nominate. If the recipient of the notice fails to appoint an Arbitrator or if the two nominees fail to agree upon a Chairperson within the time stipulated, the appointment shall be made by the Minister of Labour for the Province of Ontario upon the request of either Party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the Parties and upon any employee affected by it.
Failure to Nominate. If the recipient of the notice fails to nominate an arbitrator within ten (10) working days of appointment, the appointment shall be made by the Minister of Post-Secondary Education Training and Labour upon the request of either Party.
Failure to Nominate. In the absence of any designation by Amer of an Amer Eureka Representative, the individual previously designated by Amer and then serving shall be re-nominated if still eligible to serve. Amer may request, and the Company shall cause, the removal of any Amer Eureka Representative, with or without cause. Amer shall have the right to designate the individual to fill any vacancy on the Eureka Management Committee created by the resignation, removal, incapacity or death of any Amer Eureka Representative.
Failure to Nominate. In the absence of any designation by Hanlong of a Hanlong Eureka Representative, the individual previously designated by Hanlong and then serving shall be re-nominated if still eligible to serve. Hanlong may request, and the Company shall cause, the removal of any Hanlong Eureka Representative, with or without cause. Hanlong shall have the right to designate the individual to fill any vacancy on the Eureka Management Committee created by the resignation, removal, incapacity or death of any Hanlong Eureka Representative.
