Size and Composition of Board of Directors. The size and composition of the Board of Directors of the Company shall be determined in accordance with the provisions of the Company’s Amended and Restated Certificate of Incorporation, in each case as in effect from time to time (the “Restated Certificate”) and the Company’s By-Laws (the “By-Laws”).
Appears in 5 contracts
Samples: Voting Agreement (Greenlight Capital LLC), Voting Agreement (BioFuel Energy Corp.), Voting Agreement (BioFuel Energy Corp.)
Size and Composition of Board of Directors. The size and composition of the Board of Directors of the Company shall be determined in accordance with the provisions of the Company’s 's Amended and Restated Certificate of Incorporation, in each case as in effect from time to time (the “Restated Certificate”) and the Company’s By-Laws (the “By-Laws”).
Appears in 4 contracts
Samples: Backstop Rights Offering Agreement (BioFuel Energy Corp.), Loan Agreement (BioFuel Energy Corp.), Voting Agreement (BioFuel Energy Corp.)
