Common use of Removal of Seller Representative; Authority of Successor Seller Representative Clause in Contracts

Removal of Seller Representative; Authority of Successor Seller Representative. Those Sellers that are entitled in the aggregate to a majority of the Warrant Purchase Consideration payable from time to time hereunder (the “Majority Sellers”) shall have the right at any time during the term of this Agreement to remove the then-acting Seller Representative and to appoint a successor Seller Representative; provided, however, that neither such removal of the then acting Seller Representative nor such appointment of a successor Seller Representative shall be effective until the delivery to Cibus of executed counterparts of a writing signed by the Majority Sellers with respect to such removal and appointment, together with an acknowledgment signed by the successor Seller Representative appointed in such writing that it accepts the responsibility of successor Seller Representative and agrees to perform and be bound by all of the provisions of this Agreement applicable to the Seller Representative. If the Seller Representative shall resign, the Majority Sellers shall, within ten (10) days after such resignation, appoint a successor to the Seller Representative. Each successor Seller Representative shall have all of the power, authority, rights and privileges conferred by this Agreement upon the original Seller Representative, and the term “Seller Representative” as used herein shall be deemed to include any interim or successor Seller Representative.

Removal of Seller Representative; Authority of Successor Seller Representative. Those Sellers that are entitled who in the aggregate to hold at least a majority of the Warrant Purchase Consideration payable from time to time hereunder (the “Majority Sellers”) Common Stock then held by all Sellers shall have the right at any time during the term of this Agreement to remove the then-acting Seller Representative and to appoint a successor Seller Representative; provided, however, that neither such removal of the then acting Seller Representative nor such appointment of a successor Seller Representative shall be effective until the delivery to Cibus each of Buyer and the then acting Seller Representative of executed counterparts of a writing signed by the Majority Sellers each such Seller with respect to such removal and appointment, together with an acknowledgment for the benefit of the Sellers signed by the successor Seller Representative appointed in such writing that it accepts the responsibility of successor Seller Representative and agrees to perform and be bound by all of the provisions of this Agreement applicable to the Seller Representative. If the Seller Representative shall resign, the Majority Sellers shall, within ten (10) days after such resignation, appoint a successor to the Seller Representative. Each successor Seller Representative shall have all of the power, authority, rights and privileges conferred by this Agreement upon the original Seller Representative, and the term “Seller Representative” as used herein and in the other Transaction Documents shall be deemed to include any interim or successor Seller Representative.