Common use of Right to Fill Certain Vacancies in Company's Board Clause in Contracts

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. (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 Designeedirector designated by an Investor, 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 Xxxxxxxan Investor, 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 the voting Shares 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 Designeedirector, as the case may beshall be designated by such Investor.

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 director designated by Sterling or a Xxxxxxx DesigneeNSC, 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 399 Venture Sterling or XxxxxxxNSC, 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 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 director, as shall be designated by Sterling or a Xxxxxxx DesigneeNSC, as the case may be.