Common use of Purchaser GGO Board Designees Clause in Contracts

Purchaser GGO Board Designees. (a) Notwithstanding anything contained herein to the contrary, the provisions in Article I (collectively, the “Specified Provisions”) shall be suspended and shall not apply in the event that the Purchaser GGO Board Designees (as defined in the Investor Letter Agreement) that Investor is entitled to designate under the terms of Section 2 of the Investor Letter Agreement are not elected at a stockholders’ meeting at which the stockholders voted on the election of such Purchaser GGO Board Designees (any such period, a “Suspension Period”); provided, however, that this Section 2.3(a) shall apply only if Investor has complied with its obligations under Section 2 of the Investor Letter Agreement, including Investor’s timely designation of Purchaser GGO Board Designees. No Suspension Period shall be deemed to occur during any reasonable period of time during which a Purchaser GGO Board Designee is being replaced upon the death, resignation, retirement, disqualification or removal from office of such Purchaser GGO Board Designee. Any Suspension Period shall end upon the election of the Purchaser GGO Board Designees that Investor is entitled to designate under the terms of Section 2 of the Investor Letter Agreement. At all times other than during a Suspension Period, the Specified Provisions shall apply in full force and effect.

Purchaser GGO Board Designees. (a) Notwithstanding anything contained herein to the contrary, the provisions in Article I (collectively, the “Specified Provisions”) shall be suspended and shall not apply in the event that the Purchaser GGO Board Designees (as defined in the Investor Letter Agreement) that Investor is entitled to designate under the terms of [Section 2 5.10(b)] of the Investor Letter Investment Agreement are not elected at a stockholders’ meeting at which the stockholders voted on the election of such Purchaser GGO Board Designees (any such period, a “Suspension Period”); provided, however, that this Section 2.3(a) shall apply only if Investor has complied with its obligations under [Section 2 5.10(b)] of the Investor Letter Investment Agreement, including Investor’s timely designation of Purchaser GGO Board Designees. No Suspension Period shall be deemed to occur during any reasonable period of time during which a Purchaser GGO Board Designee is being replaced upon the death, resignation, retirement, disqualification or removal from office of such Purchaser GGO Board Designee. Any Suspension Period shall end upon the election of the Purchaser GGO Board Designees that Investor is entitled to designate under the terms of [Section 2 5.10(b)] of the Investor Letter Investment Agreement. At all times other than during a Suspension Period, the Specified Provisions shall apply in full force and effect.

Purchaser GGO Board Designees. (a) Notwithstanding anything contained herein to the contrary, the provisions in Article I (collectively, the “Specified Provisions”) shall be suspended and shall not apply in the event that the Purchaser GGO Board Designees (as defined in the Investor Letter Agreement) that Investor is entitled to designate under the terms of [Section 2 5.10(b)] of the Investor Letter Investment Agreement are not elected at a stockholders’ meeting at which the stockholders voted on the election of such Purchaser GGO Board Designees (any such period, a “Suspension Period”); provided, however, that this Section 2.3(a) shall apply only if Investor has complied with its obligations under [Section 2 5.10(b)] of the Investor Letter Investment Agreement, including Investor’s timely designation of Purchaser GGO Board Designees. No Suspension Period shall be deemed to occur during any reasonable period of time during which a Purchaser GGO Board Designee is being replaced upon the death, resignation, retirement, disqualification or removal from office of such Purchaser GGO Board Designee. Any Suspension Period shall end upon the election of the Purchaser GGO Board Designees that Investor is entitled to designate under the terms of [Section 2 5.10(b)] of the Investor Letter Investment Agreement. At all times other than during a Suspension Period, the Specified Provisions shall apply in full force and effect. Notwithstanding anything contained herein or in the Investment Agreement, no Person that acquires Common Stock from the Investor Parties or from any other Person shall have any rights of Investor under [Section 5.10(b)] of the Investment Agreement with respect to the designation of members of the Board.