Common use of Shareholder Nominees Clause in Contracts

Shareholder Nominees. If, for any reason, (i) any person designated by Shareholder as a director of the Company pursuant to Article IV hereof is not nominated by the Company's Board of Directors for election to the Company's Board of Directors or the Company's Board of Directors does not recommend such person to serve as a director of the Company, or (ii) the Board of Directors of the Company shall change the size of the Board of Directors of the Company from seven directors at such time as Investor is entitled to designate two directors of the Company's Board of Directors in accordance with the provisions of Section 4.3 hereof or Shareholder is entitled to designate three directors of such Board in accordance with Section 4.4 hereof, then, upon the happening of such event, all of the provisions of this Article III shall lapse and no longer be of any force or effect; provided, however, that the obligations of a party under this Article III shall not lapse and cease to be of any force or effect with respect to either the Investor Group or the Shareholder Group if any of its respective members shall have breached any provision of this Agreement and as a result thereof, one of the events described in clause (i) or (ii) above shall have occurred.

Shareholder Nominees. If, for any reason, (i) any person designated by Shareholder as a director of the Company pursuant to Article IV hereof is not nominated by the Company's Board of Directors for election to the Company's Board of Directors or the Company's Board of Directors does not recommend such person to serve as a director of the Company, or (ii) the Board of Directors of the Company shall change the size of the Board of Directors of the Company from eight directors (or from seven directors after such time as Justxx Xxxxxxxxx xx (Exhibit 1) longer serves as a director) at such time as Investor is entitled to designate two directors of the Company's Board of Directors in accordance with the provisions of Section 4.3 hereof or Shareholder is entitled to designate three directors of such Board in accordance with Section 4.4 hereof, then, upon the happening of such event, all of the provisions of this Article III shall lapse and no longer be of any force or effect; provided, however, that the obligations of a party under this Article III shall not lapse and cease to be of any force or effect with respect to either the Investor Group or the Shareholder Group if any of its respective members shall have breached any provision of this Agreement and as a result thereof, one of the events described in clause (i) or (ii) above shall have occurred.

Shareholder Nominees. If, for any reason, (i) any person designated by Shareholder as a director of the Company pursuant to Article IV hereof is not nominated by the Company's Board of Directors for election to the Company's Board of Directors or the Company's Board of Directors does not recommend such person to serve as a director of the Company, or (ii) the Board of Directors of the Company shall change the size of the Board of Directors of the Company from eight directors (or from seven directors after such time as Justin Maccarone no longer serves as a director) at such time as Investor is entitled Invxxxxx xx xxxxxxxd to designate two directors of the Company's Board of Directors in accordance with the provisions of Section 4.3 hereof or Shareholder is entitled to designate three directors of such Board in accordance with Section 4.4 hereof, then, upon the happening of such event, all of the provisions of this Article III shall lapse and no longer be of any force or effect; provided, however, that the obligations of a party under this Article III shall not lapse and cease to be of any force or effect with respect to either the Investor Group or the Shareholder Group if any of its respective members shall have breached any provision of this Agreement and as a result thereof, one of the events described in clause (i) or (ii) above shall have occurred.

Shareholder Nominees. If, for any reason, (i) any person designated by Shareholder as a director of the Company pursuant to Article IV hereof is not nominated by the Company's Board of Directors for election to the Company's Board of Directors or the Company's Board of Directors does not recommend such person to serve as a director of the Company, or (ii) the Board of Directors of the Company shall change the size of the Board of Directors of the Company from eight directors (or from seven directors after such time as Justxx Xxxxxxxxx xx longer serves as a director) at such time as Investor is entitled to designate two directors of the Company's Board of Directors in accordance with the provisions of Section 4.3 hereof or Shareholder is entitled to designate three directors of such Board in accordance with Section 4.4 hereof, then, upon the happening of such event, all of the provisions of this Article III shall lapse and no longer be of any force or effect; provided, however, that the obligations of a party under this Article III shall not lapse and cease to be of any force or effect with respect to either the Investor Group or the Shareholder Group if any of its respective members shall have breached any provision of this Agreement and as a result thereof, one of the events described in clause (i) or (ii) above shall have occurred.