Common use of Replacement Nominees Clause in Contracts

Replacement Nominees. If at any time during the Breeden Investor Representation Period either of the Breeden Nxxxxxxx is or becomes unwilling or unable to serve as x xxxxnee or, following such person's appointment or election, as a director of the Company, the Breeden Investors shall be entitled to appoint a replacement xxxxxee or director, as the case may be; provided that no breach of the terms hereof on the part of the Breeden Investors hxx xxxxrred and is continuing; provided further that, unless such proposed replacement is one of the four individuals nominated by the Breeden Investors in the Nomination Letter (each of wxxx xxall be deemed acceptable), such replacement nominee or director, as the case may be, shall be reasonably acceptable to the Governance/Nominating Committee. Any such replacement nominee or director, as the case may be, shall be deemed to be a Breeden Nominee for the purposes of this Agreement.

Replacement Nominees. If at any time during the Breeden Bxxxxxx Investor Representation Period either of the Breeden Nxxxxxxx Bxxxxxx Nominees is or becomes unwilling or unable to serve as x xxxxnee a nominee or, following such person's ’s appointment or election, as a director of the Company, the Breeden Bxxxxxx Investors shall be entitled to appoint a replacement xxxxxee nominee or director, as the case may be; provided that no breach of the terms hereof on the part of the Breeden Bxxxxxx Investors hxx xxxxrred has occurred and is continuing; provided further that, unless such proposed replacement is one of the four individuals nominated by the Breeden Investors in the Nomination Letter (each of wxxx xxall be deemed acceptable), such replacement nominee or director, as the case may be, shall be subject to the director candidate processes of, and shall be reasonably acceptable to to, the Governance/Nominating Compensation and Corporate Governance Committee; and provided further that at the time of the appointment of such replacement nominee, the Bxxxxxx Investors are beneficial owners of at least five percent (5%) of the Company’s outstanding shares of Common Stock. Any such replacement nominee or director, as the case may be, shall be deemed to be a Breeden Bxxxxxx Nominee for the purposes of this Agreement and shall execute a supplement in the same form and substance as this Agreement.

Replacement Nominees. If at any time during the Breeden Xxxxxxx Investor Representation Period either of the Breeden Nxxxxxxx Xxxxxxx Nominees is or becomes unwilling or unable to serve as x xxxxnee a nominee or, following such person's ’s appointment or election, as a director of the Company, the Breeden Xxxxxxx Investors shall be entitled to appoint a replacement xxxxxee nominee or director, as the case may be; provided that no breach of the terms hereof on the part of the Breeden Xxxxxxx Investors hxx xxxxrred has occurred and is continuing; provided further that, unless such proposed replacement is one of the four individuals nominated by the Breeden Investors in the Nomination Letter (each of wxxx xxall be deemed acceptable), such replacement nominee or director, as the case may be, shall be subject to the director candidate processes of, and shall be reasonably acceptable to to, the Governance/Nominating Compensation and Corporate Governance Committee; and provided further that at the time of the appointment of such replacement nominee, the Xxxxxxx Investors are beneficial owners of at least five percent (5%) of the Company’s outstanding shares of Common Stock. Any such replacement nominee or director, as the case may be, shall be deemed to be a Breeden Xxxxxxx Nominee for the purposes of this Agreement and shall execute a supplement in the same form and substance as this Agreement.

Replacement Nominees. If at any time during the Breeden Bxxxxxx Investor Representation Period either of the Breeden Nxxxxxxx Bxxxxxx Nominees is or becomes unwilling or unable to serve as x xxxxnee a nominee or, following such person's ’s appointment or election, as a director of the Company, the Breeden Bxxxxxx Investors shall be entitled to appoint a replacement xxxxxee nominee or director, as the case may be; provided that no breach of the terms hereof on the part of the Breeden Bxxxxxx Investors hxx xxxxrred has occurred and is continuing; provided further that, unless such proposed replacement is one of the four individuals nominated by the Breeden Bxxxxxx Investors in the Nomination Letter (each of wxxx xxall whom shall be deemed acceptable), such replacement nominee or director, as the case may be, shall be reasonably acceptable to the Governance/Nominating Committee. Any such replacement nominee or director, as the case may be, shall be deemed to be a Breeden Bxxxxxx Nominee for the purposes of this Agreement.