Common use of Frustration of this Agreement Clause in Contracts

Frustration of this Agreement. Each of the Company, XXXX Sponsor, XXXX Sponsor Holders, OXY, 8 Rivers and Constellation agree not to take, directly or indirectly, any actions (including, in their capacities as stockholders of the Company, removing Directors in a manner inconsistent with this Agreement) that would knowingly frustrate, obstruct or otherwise affect the provisions of this Agreement and the intention of the parties hereto with respect to the composition of the Board as herein stated. From and after the lapse or termination of a Board designation right set forth in Sections 3(b)-(f) in accordance with the terms of this Agreement, the Board seat that would have been designated pursuant to such designation right had such right not lapsed or terminated will be filled (if at all) in accordance with the Charter and the By-laws.

Appears in 4 contracts

Samples: Stockholders’ Agreement (Rice Acquisition Corp. II), Stockholders’ Agreement (Rice Acquisition Corp. II), Stockholders’ Agreement (Rice Acquisition Corp. II)

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