Common use of Re-election of Board Member Clause in Contracts

Re-election of Board Member. The Board of Trustees of Innkeepers shall renominate Jack X. XxXxxx xx the Board of Trustees of the REIT and support his election by shareholders as long as he continues to own directly or indirectly 25% of the Preferred Partnership Units received directly or indirectly by him at Closing under the Other Contribution Agreements (including REIT Shares into which such Preferred Shares are redeemable), (i) in the absence of acts or failures to act (other than, without more, participation by Mr. XxXxxx xxx his affiliates in the hotel business) by Mr. XxXxxx xxxch the Board unanimously decides are detrimental to the REIT and as a result of which the Board makes a unanimous good faith determination that it cannot nominate him or support his nomination or (ii) unless he is otherwise legally disqualified from serving as a trustee.