Common use of Removal, Resignation and Filling of Vacancy of Officers Clause in Contracts

Removal, Resignation and Filling of Vacancy of Officers. Subject to the terms and provisions of any applicable employment agreements, the Board may remove any officer, for any reason or for no reason, at any time. Any officer may resign at any time by giving written notice to the Board, and such resignation shall take effect at the date of the receipt of that notice or any later time specified in that notice; provided, that unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer under this Agreement. A vacancy in any office because of death, resignation, removal or otherwise shall be filled in the manner prescribed in this Agreement for regular appointments to that office.

Appears in 1 contract

Samples: Operating Agreement (H&e Finance Corp)

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Removal, Resignation and Filling of Vacancy of Officers. Subject to the terms and provisions of any applicable employment agreements, the The Board ------------------------------------------------------- may remove any officer, for any reason or for no reason, at any time. Any officer may resign at any time by giving written notice to the Board, and . Any such resignation shall take effect at the date of the receipt of that such notice or at any later time date specified in that such notice; provided, that and, unless otherwise -------- specified in that such notice, the acceptance of the such resignation shall not be necessary to make it such resignation effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer under this Agreement. A vacancy in any office because of death, resignation, removal or otherwise shall be filled in the manner prescribed in this Agreement for regular appointments to that such office.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Muzak Finance Corp)

Removal, Resignation and Filling of Vacancy of Officers. Subject to A ------------------------------------------------------- Majority in Interest of the terms and provisions of any applicable employment agreements, the Board Members may remove any officer, for any reason or for no reason, at any time. Any officer may resign at any time by giving written notice to the BoardMembers, and such resignation shall take effect at the date of the receipt of that notice or any later time specified in that notice; provided, that unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer under this Agreement. A vacancy in any office because of death, resignation, removal or otherwise shall be filled in the manner prescribed in this Agreement for regular appointments to that office.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sealy Corp)

Removal, Resignation and Filling of Vacancy of Officers. Subject to the terms and provisions of any applicable employment agreementsSection 8.4(e), the Board may remove any officerOfficer other than the Chief Executive Officer, for any reason or for no reason, at any time, by Supermajority Vote. Any officer Officer may resign at any time by giving written notice to the Board, and such resignation shall take effect at the date of the receipt of that notice or any later time specified in that notice; provided, provided that unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer Officer under this Agreement. A vacancy in any office because of death, resignation, removal or otherwise shall be filled in the manner prescribed in this Agreement for regular appointments to that office.

Appears in 1 contract

Samples: Limited Liability Company Agreement

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Removal, Resignation and Filling of Vacancy of Officers. Subject to the terms and provisions The Board of any applicable employment agreements, the Board Managers may remove any officerOfficer, for any reason or for no reason, at any time, subject to the provisions of section 5.02(j). Any officer Officer may resign at any time by giving written notice to the BoardBoard of Managers, and such resignation shall take effect at the date of the receipt of that notice or any later time specified in that notice; provided, however, that unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer Officer under this Agreement. A vacancy in any office because of death, resignation, removal removal, or otherwise shall be filled in by the manner prescribed in this Agreement for regular appointments to that officeBoard of Managers.

Appears in 1 contract

Samples: Employee Agreement (Mister Goody, Inc.)

Removal, Resignation and Filling of Vacancy of Officers. Subject to A Majority in Interest of the terms and provisions of any applicable employment agreements, the Board Members may remove any officer, for any reason or for no reason, at any time. Any officer may resign at any time by giving written notice to the BoardMembers, and such resignation shall take effect at the date of the receipt of that notice or any later time specified in that notice; provided, that unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any such resignation shall be without prejudice to the rights, if any, of the Company or such officer under this Agreement. A vacancy in any office because of death, resignation, removal or otherwise shall be filled in the manner prescribed in this Agreement for regular appointments to that office.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Sealy Corp)

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