Common use of Number of Directors Clause in Contracts

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.

Appears in 4 contracts

Samples: Business Combination Agreement (Minority Equality Opportunities Acquisition Inc.), Business Combination Agreement (Digerati Technologies, Inc.), Merger Agreement (LMF Acquisition Opportunities Inc)

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Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsStock, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with exclusively pursuant to a resolution adopted by the by-laws affirmative vote of a majority of the Corporation. No decrease in the total number of directors constituting that the whole board shall shorten Corporation would have if there were no vacancies (the term of any incumbent director“Whole Board”).

Appears in 3 contracts

Samples: Investment Agreement (SilverSun Technologies, Inc.), Separation and Distribution Agreement (Aramark), Separation and Distribution Agreement (Vestis Corp)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directorsadditional directors and to the Stockholders Agreement, the number of directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws by resolution of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent directorBoard.

Appears in 3 contracts

Samples: Transaction Agreement and Plan of Merger (Baker Hughes Inc), Transaction Agreement and Plan of Merger (General Electric Co), Transaction Agreement and Plan of Merger (Baker Hughes Inc)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with solely by the by-laws Board; provided, however, that prior to the Voting Threshold Date, unless otherwise approved by the Requisite Stockholder Consent, the number of the Corporationdirectors shall not exceed nine (9). No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 2 contracts

Samples: Business Combination Agreement (HighCape Capital Acquisition Corp.), Business Combination Agreement (HighCape Capital Acquisition Corp.)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances or otherwise, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws exclusively by resolution of the Corporation. No decrease in the number Board of directors constituting the whole board shall shorten the term of any incumbent directorDirectors.

Appears in 1 contract

Samples: Business Combination Agreement (Altimar Acquisition Corp. II)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances or otherwise, the number of directors which shall constitute the Board of Directors shall initially be [●] and, thereafter, shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws exclusively by resolution of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent directorBoard.

Appears in 1 contract

Samples: Merger Agreement (BioScrip, Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with by the by-laws Board; provided, further, that unless otherwise approved by the Requisite Stockholder Consent, the number of the Corporationdirectors shall not exceed seven (7). No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (DHC Acquisition Corp.)

Number of Directors. Subject to the special rights of the holders of any class or series of Preferred Stock to elect directorspreferred stock, if any, the number of directors which Directors shall constitute be fixed from time to time exclusively pursuant to a resolution adopted by a majority of the entire Board of Directors, but the Board of Directors shall be fixed exclusively by the Board at no time consist of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.fewer than three (3)

Appears in 1 contract

Samples: Plan of Reorganization (Metlife Inc)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the total number of directors constituting the whole board Whole Board shall shorten be fixed from time to time exclusively by resolution adopted by a majority of the term of any incumbent directorWhole Board.

Appears in 1 contract

Samples: Merger Agreement (890 5th Avenue Partners, Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with by the by-laws Board; provided, further, that unless otherwise approved by the Requisite Stockholder Consent, the number of the Corporationdirectors shall not exceed 7. No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Longview Acquisition Corp.)

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Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws by a majority of the CorporationBoard. No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Ivanhoe Capital Acquisition Corp.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed from time to time exclusively by the Board of Directors from time pursuant to time in accordance with the by-laws a resolution adopted by a majority of the Corporation. No decrease Directors then in the number of directors constituting the whole board shall shorten the term of any incumbent directoroffice.

Appears in 1 contract

Samples: Combination Agreement (NYSE Group, Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute of the Board of Directors Corporation shall be fixed solely and exclusively by the Board of Directors resolution duly adopted from time to time in accordance with by the by-laws of the CorporationBoard. No decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Merger Agreement (Oaktree Acquisition Corp.)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with by resolution adopted by the by-laws affirmative vote of a majority of the CorporationWhole Board. No decrease in For purposes of this Certificate of Incorporation, the term “Whole Board” shall mean the total number of authorized directors constituting the whole board shall shorten the term of whether or not there exist any incumbent directorvacancies in previously authorized directorships.

Appears in 1 contract

Samples: Conversion Agreement (Express Parent LLC)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws Bylaws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Concord Acquisition Corp III)

Number of Directors. Subject to the special any rights of the holders of any series of Preferred Stock to elect directorsadditional directors under specified circumstances or otherwise, the number of directors which shall constitute the Board of Directors shall initially be 9 and, thereafter, shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws exclusively by resolution of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent directorBoard.

Appears in 1 contract

Samples: Transaction Agreement (Horizon Acquisition Corp)

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