Common use of Size and Composition Clause in Contracts

Size and Composition. From and after the Effective Date, (1) for so long as it owns more than 5% of the then outstanding shares of Common Stock, the Sponsor shall: (i) vote or otherwise give the Sponsor’s consent in respect of all shares of Common Stock (whether now owned or hereafter acquired) owned by the Sponsor, and (ii) take all other appropriate action; and (2) the Company shall take all necessary and desirable actions (subject to any applicable securities exchange or equivalent listing requirements), including at each annual or special meeting of the stockholders of the Company called for the election of directors, and whenever the stockholders of the Company act by written consent with respect to the election of directors, to cause: (a) the bylaws of the Company to provide that the authorized number of directors on the Board shall be not less than three and not more than eleven; (b) the election to the Board of any Sponsor Designees designated by the Sponsor in accordance with Section 3.02; and (c) the removal from the Board of any director elected in accordance with clause (b) above, with or without cause, upon the written request of the Sponsor.

Size and Composition. From and after the Effective Date, (1) for so long as it owns more than 5% of the then outstanding shares of Common Stock, the each Sponsor shall: (i) vote or otherwise give the such Sponsor’s consent in respect of all shares of Common Stock (whether now owned or hereafter acquired) owned by the such Sponsor, and (ii) take all other appropriate action; and (2) the Company shall take all necessary and desirable actions (subject to any applicable securities exchange or equivalent listing requirements), including at each annual or special meeting of the stockholders of the Company called for the election of directors, and whenever the stockholders of the Company act by written consent with respect to the election of directors, to cause: (a) the bylaws of the Company to provide that the authorized number of directors on the Board shall be not less than three and not more than eleventhirteen; (b) the election to the Board of any Sponsor Designees designated by the Sponsor Sponsors in accordance with Section 3.02; and (c) the removal from the Board of any director elected in accordance with clause (b) above, with or without cause, upon the written request of the SponsorSponsor that designated such director (or, in the case of a jointly nominated Sponsor Designee pursuant to Section 3.02(b)(i), upon the written request of each of the Sponsors).