Right to Fill Certain Vacancies in Company's Board. In the event ---- -------------------------------------------------- that a vacancy is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director nominated by CVC or Masco, as the case may be, or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to nomination by CVC or Masco, as the case may be, such vacancy shall not be filled by the remaining members of the Company's Board of Directors but each Investor hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Class A Common Stock now or hereafter owned or controlled by it to elect that individual nominated to fill such vacancy and serve as a director, as shall be designated by CVC or Masco, as the case may be.
Right to Fill Certain Vacancies in Company's Board. In the event that a vacancy is created on the Company’s Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director subject to designation by BRS or if otherwise there shall exist or occur any vacancy on the Company’s Board of Directors in a directorship subject to designation by BRS, such vacancy shall not be filled by the remaining members of the Company’s Board of Directors, but each Investor and Permitted Transferee shall promptly consent in writing or vote or cause to be voted all shares of Common Stock entitled to vote thereon or any other voting capital stock of the Company now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by BRS pursuant to Section 3.1.
Right to Fill Certain Vacancies in Company's Board. (a) In the event that a vacancy is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a 399 Venture Designee or a Xxxxxxx Designee, or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to designation by 399 Venture or Xxxxxxx, such vacancy shall not be filled by the remaining members of the Company's Board of Directors but each Investor hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Common Stock entitled to vote thereon now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a 399 Venture Designee or a Xxxxxxx Designee, as the case may be.
Right to Fill Certain Vacancies in Company's Board. In the event -------------------------------------------------- that a vacancy (other than any vacancies created by the initial adoption by the Company of the revised Bylaws of the Company attached hereto as Exhibit B-2 immediately following the closing under the Merger Agreement, which vacancies shall be filled by the Company's then sole director) is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director designated by BRS or the Founding Investors, as the case may be, or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to designation by BRS or the Founding Investors, as the case may be, such vacancy shall not be filled by the remaining members of the Company's Board of Directors but each Investor and Permitted Transferee hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Class A Common Stock now or hereafter owned or controlled by them
Right to Fill Certain Vacancies in Company's Board. In the event that a vacancy is created on the Company’s Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) or if otherwise there shall exist or occur any vacancy on the Company’s Board of Directors, such vacancy shall not be filled by the remaining members of the Company’s Board of Directors, but each Investor and Permitted Transferee hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Common Stock entitled to vote thereon or any other voting capital stock of the Company now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by the Investor or Investors then entitled to designate such director under Section 3.2 hereof.
Right to Fill Certain Vacancies in Company's Board. In the event that a vacancy is created on the Company’s Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a BRS Director, a Jefferies Director or a Jointly Designated Director, or if otherwise there shall exist or occur any vacancy on the Company’s Board of Directors of a BRS Director, a Jefferies Director or a Jointly Designated Director, such vacancy shall not be filled by the remaining members of the Company’s Board of Directors, but each Investor and Permitted Transferee hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Common Stock entitled to vote thereon or any other voting capital stock of the Company now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by the Investor or Investors then entitled to designate such director under Section 3.2 hereof.
Right to Fill Certain Vacancies in Company's Board. In the event that a vacancy is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director subject to designation by OEP or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to designation by OEP, such vacancy shall not be filled by the remaining members of the Company's Board of Directors, but each Investor and Permitted Transferee hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Common Stock entitled to vote thereon or any other voting capital stock of the Company now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by OEP pursuant to Section 3.1 hereof.
Right to Fill Certain Vacancies in Company's Board. So long as the Company has not consummated a Public Offering (as defined in Section 6.1(e)), in the event that a vacancy is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director designated by the Fund or Roj, as the case may be, or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to designation by the Fund or Roj, as the case may be, such vacancy shall not be filled by the remaining members of the Company's Board of Directors but each Investor hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Common Stock now or hereafter owned or controlled by it, him or her to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by the Fund or Roj, as the case may be.
Right to Fill Certain Vacancies in Company's Board. (a) In the event that a vacancy is created on the Company’s Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of an OEP Director, or if otherwise there shall exist or occur any vacancy on the Company’s Board of Directors in a directorship subject to designation by OEP, such vacancy shall not be filled by the remaining members of the Company’s Board of Directors but each Investor shall take all Necessary Action to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by OEP, provided, that if such vacancy is due to the departure of an OEP Independent Director and at such time Barrist has his Barrist Minimum Threshold, OEP shall designate another OEP Independent Director.
Right to Fill Certain Vacancies in Company's Board. So long as the Company has not consummated a Public Offering (as defined in Section 6.1(c)), in the event that a vacancy is created on the Company's Board of Directors at any time by the death, disability, retirement, resignation or removal (with or without cause) of a director designated by CVC or the Continuing Investors, as the case may be, or if otherwise there shall exist or occur any vacancy on the Company's Board of Directors in a directorship subject to designation by CVC or the Continuing Investors, as the case may be, such vacancy shall not be filled by the remaining members of the Company's Board of Directors but each Investor hereby agrees promptly to consent in writing or vote or cause to be voted all shares of Class A Common Stock and Preferred Stock now or hereafter owned or controlled by it to elect that individual designated to fill such vacancy and serve as a director, as shall be designated by CVC or the Continuing Investors, as the case may be.
