Common use of Rules and Procedures Governing Votes and Consents Clause in Contracts

Rules and Procedures Governing Votes and Consents. If any vote or consent of the Holders will be held or solicited, including at an annual meeting or a special meeting of stockholders, then (1) the Board of Directors will adopt customary rules and procedures at its discretion to govern such vote or consent, subject to the other provisions of this Section 9; and (2) such rules and procedures may include fixing a record date to determine the Holders that are entitled to vote or provide consent, as applicable, rules governing the solicitation and use of proxies or written consents and customary procedures for the nomination and designation, by Holders, of directors for election; provided, however, that with respect to any voting rights of the Holders pursuant to Section 9(b), such rules and procedures will be the same rules and procedures that apply to holders of the Common Stock with respect to the applicable matter referred to in Section 9(b).

Appears in 4 contracts

Samples: Securities Purchase Agreement (Azz Inc), Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)

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Rules and Procedures Governing Votes and Consents. If any vote or consent of the Holders will be held or solicited, including at an a regular annual meeting or a special meeting of stockholdersshareholders, then (1) the Board of Directors will adopt customary rules and procedures at its discretion to govern such vote or consent, subject to the other provisions of this Section 9; and (2) such rules and procedures may include fixing a record date to determine the Holders that are entitled to vote or provide consent, as applicable, and rules governing the solicitation and use of proxies or written consents and customary procedures for the nomination and designation, by Holders, of directors for electionconsents; provided, however, that with respect to any voting rights of the Holders pursuant to Section 9(b), such rules and procedures will be the same rules and procedures that apply to holders of the Common Stock Shares with respect to the applicable matter referred to in Section 9(b).

Appears in 1 contract

Samples: Investment Agreement (Agilysys Inc)

Rules and Procedures Governing Votes and Consents. If any vote or consent of the Holders will be held or solicited, including at an a regular annual meeting or a special meeting of stockholders, then (1) the Board of Directors will adopt customary rules and procedures at its discretion to govern such vote or consent, subject to the other provisions of this Section 9; and (2) such rules and procedures may include fixing a record date to determine the Holders that are entitled to vote or provide consent, as applicable, rules governing the solicitation and use of proxies or written consents and customary procedures for the nomination and designation, by Holders, of directors for electionconsents; provided, however, that with respect to any voting rights of the Holders pursuant to Section 9(b9(c), such rules and procedures will be the same rules and procedures that apply to holders of the Common Stock with respect to the applicable matter referred to in Section 9(b9(c) (other than any limitation applicable to holders of Common Stock in respect of action by written consent).

Appears in 1 contract

Samples: Investment Agreement (Lindblad Expeditions Holdings, Inc.)

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Rules and Procedures Governing Votes and Consents. If any vote or consent of the Holders will be held or solicited, including at an a regular annual meeting or a special meeting of stockholders, then (1) the Board of Directors will adopt customary rules and procedures at its discretion to govern such vote or consent, subject to the other provisions of this Section 9; and (2) such rules and procedures may include fixing a record date to determine the Holders that are entitled to vote or provide consent, as applicable, rules governing the solicitation and use of proxies or written consents and customary procedures for the nomination and designation, by Holders, of directors Preferred Stock Directors for election; provided, however, that with respect to any voting rights of the Holders pursuant to Section 9(b9(c), such rules and procedures will be the same rules and procedures that apply to holders of the Common Stock with respect to the applicable matter referred to in Section 9(b9(c).

Appears in 1 contract

Samples: Exchange Agreement (Comtech Telecommunications Corp /De/)

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