Common use of Newly Created Directorships and Vacancies Clause in Contracts

Newly Created Directorships and Vacancies. Subject to applicable law and the rights of the holders of any series of Preferred Stock with respect to such series of Preferred Stock, and unless the Board of Directors otherwise determines, vacancies resulting from death, resignation, retirement, disqualification, removal from office or other cause, and newly created directorships resulting from any increase in the authorized number of directors, may be filled only by the affirmative vote of a majority of the remaining directors, though less than a quorum of the Board of Directors, or by a sole remaining director, and directors so chosen shall hold office until the next election of the class, if any, for which such director shall have been chosen and until his or her successor shall have been duly elected and qualified or until any such director’s earlier death, resignation, removal, retirement or disqualification. Notwithstanding the foregoing, from and after the Third Annual Meeting, any director so chosen shall hold office until the next election of directors and until his or her successor shall have been duly elected and qualified or until any such director’s earlier death, resignation, removal, retirement or disqualification. No decrease in the number of authorized directors constituting the Whole Board shall shorten the term of any incumbent director.

Newly Created Directorships and Vacancies. Subject to applicable law and Any vacancies on the rights board of the holders of any series of Preferred Stock with respect to such series of Preferred Stock, and unless the Board of Directors otherwise determines, vacancies directors resulting from death, resignation, retirement, disqualification, removal from office or other cause, and newly created directorships resulting from any increase in the authorized number of directors, cause may be filled only by the affirmative vote of a majority of directors then in office, although less than a quorum, or by the sole remaining directorsdirector, though or, in the event of the failure of the directors or the sole remaining director so to act, by the stockholders at the next annual meeting which occurs after the expiration of a 90-day period commencing on the day the vacancy is created. Directors so chosen shall hold office for a term expiring at the annual meeting of stockholders at which the term of the class to which they have been elected expires. A director elected to fill a vacancy by reason of an increase in the number of directorships may be elected by a majority vote of the directors then in office, although less than a quorum of the Board board of Directorsdirectors, or by a sole remaining director, and directors so chosen shall hold office to serve until the next election of the class, if any, class for which such director shall have been chosen and until his chosen. It the number of directors is changed, any increase or her successor shall have been duly elected and qualified or until decrease may be allocated to any such director’s earlier death, resignation, removal, retirement or disqualification. Notwithstanding class the foregoing, from and after the Third Annual Meeting, any director so chosen shall hold office until the next election board of directors and until his or her successor shall have been duly elected and qualified or until any such director’s earlier death, resignation, removal, retirement or disqualificationselects in its discretion. No decrease in the number of authorized directors constituting the Whole Board board of directors shall shorten the term of any incumbent director.

Newly Created Directorships and Vacancies. Subject to applicable law and the rights of the holders of any series of Preferred Stock with respect to such series of Preferred Stock, and unless Any vacancies on the Board of Directors otherwise determines, vacancies resulting from death, resignation, retirement, disqualification, removal from office or other cause, and newly created directorships resulting from any increase in the authorized number of directors, cause may only be filled only by the affirmative vote of a majority of directors then in office, although less than a quorum, or by the sole remaining directorsdirector, though or, in the event of the failure of the directors or the sole remaining director so to act, by the stockholders at the next annual meeting which occurs after the expiration of a 90-day period commencing on the day the vacancy is created. Directors so chosen shall hold office for a term expiring at the annual meeting of stockholders at which the term of the class to which they have been elected expires. A director elected to fill a vacancy by reason of an increase in the number of directorships may be elected by a majority vote of the directors then in office, although less than a quorum of the Board of DirectorsBoard, or by a sole remaining director, and directors so chosen shall hold office to serve until the next election of the class, if any, class for which such director shall have been chosen and until his chosen. If the number of directors is changed, any increase or her successor shall have been duly elected and qualified or until decrease may be allocated to any such director’s earlier death, resignation, removal, retirement or disqualification. Notwithstanding class the foregoing, from and after the Third Annual Meeting, any director so chosen shall hold office until the next election of directors and until his or her successor shall have been duly elected and qualified or until any such director’s earlier death, resignation, removal, retirement or disqualificationBoard selects in its discretion. No decrease in the number of authorized directors constituting the Whole Board shall shorten the term of any incumbent director.

Newly Created Directorships and Vacancies. Subject to applicable law and Any vacancies on the rights board of the holders of any series of Preferred Stock with respect to such series of Preferred Stock, and unless the Board of Directors otherwise determines, vacancies directors resulting from death, resignation, retirement, disqualification, removal from office or other cause, and newly created directorships resulting from any increase in the authorized number of directors, cause may be filled only by the affirmative vote of a majority of directors then in office, although less than a quorum, or by the sole remaining directorsdirector, though or, in the event of the failure of the directors or the sole remaining director so to act, by the stockholders at the next annual meeting which occurs after the expiration of a 90-day period commencing on the day the vacancy is created. Directors so chosen shall hold office for a term expiring at the annual meeting of stockholders at which the term of the class to which they have been elected expires. A director elected to fill a vacancy by reason of an increase in the number of directorships may be elected by a majority vote of the directors then in office, although less than a quorum of the Board board of Directorsdirectors, or by a sole remaining director, and directors so chosen shall hold office to serve until the next election of the class, if any, class for which such director shall have been chosen and until his chosen. If the number of directors is changed, any increase or her successor shall have been duly elected and qualified or until decrease may be allocated to any such director’s earlier death, resignation, removal, retirement or disqualification. Notwithstanding class the foregoing, from and after the Third Annual Meeting, any director so chosen shall hold office until the next election board of directors and until his or her successor shall have been duly elected and qualified or until any such director’s earlier death, resignation, removal, retirement or disqualificationselects in its discretion. No decrease in the number of authorized directors constituting the Whole Board board of directors shall shorten the term of any incumbent director.