Common use of Newly Created Directorships and Vacancies Clause in Contracts

Newly Created Directorships and Vacancies. Subject to Section [●] of the Director Designation Agreement with respect to the rights of certain parties to fill vacancies on the Board of Directors (but only to the extent the Director Designation Agreement remains in effect) and to Section 5.5 hereof, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal.

Newly Created Directorships and Vacancies. Subject to Section [●] the rights, if any, of the Director Designation Agreement with respect to the rights holders of certain parties to fill vacancies on the Board shares of Directors (but only to the extent the Director Designation Agreement remains in effect) and to Section 5.5 hereofPreferred Stock then outstanding, newly created directorships resulting from an increase in the number of directors and any vacancies occurring on the Board resulting from deathfor any reason shall, resignationunless (a) the Board determines by resolution that any such vacancies or newly created directorships shall be filled by the stockholders or (b) as otherwise provided by law, retirement, disqualification, removal or other cause may be filled solely and exclusively by the affirmative vote of a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal.

Newly Created Directorships and Vacancies. Subject to Section [●] 5.5 hereof and except as otherwise provided in that certain Investor Rights Agreement to which the Corporation is a party, dated as of ___________, 2019, with certain holders of Common Stock (the Director Designation Agreement with respect to the rights of certain parties to fill vacancies on the Board of Directors (but only to the extent the Director Designation Agreement remains in effect) and to Section 5.5 hereof“Investor Rights Agreement”), newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal.

Newly Created Directorships and Vacancies. Subject to Section [●] of the Director Designation Agreement with respect any limitations imposed by applicable law and subject to the rights of certain parties the holders of any one or more series of Preferred Stock to elect additional directors or fill vacancies on the Board in respect of Directors (but only to the extent the Director Designation Agreement remains in effect) and to Section 5.5 hereofsuch directors, newly created directorships resulting from an increase in the authorized number of directors and any vacancies on the Board of Directors resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal.