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Common use of Size of Board Clause in Contracts

Size of Board. Each Stockholder agrees to vote, or cause to be voted, all Voting Shares (as defined below) owned by such Stockholder, or over which such Stockholder has voting control, from time to time and at all times, in whatever manner as shall be necessary to ensure that the size of the Company’s Board of Directors (the “Board”) shall be set and remain at five (5) directors.

Appears in 3 contracts

Samples: Merger Agreement, Voting Agreement (Phototron Holdings, Inc.), Merger Agreement (Phototron Holdings, Inc.)

Size of Board. Each Stockholder agrees to vote, The Stockholders shall vote or cause to be votedvoted (whether by actual vote or by written consent), all Voting Shares (as defined below) shares owned by such Stockholderhim, her or it, or over which such Stockholder he, she or it has voting control, from time and to time and at all timesotherwise use his, in whatever manner as shall be necessary her or its best efforts to ensure that the size of the Company’s Board of Directors (the “Board”) shall be set and remain at five (5) directorsfour members, unless otherwise agreed to by [***].

Appears in 1 contract

Samples: Collaborative Research and Development and License Agreement (Optimer Pharmaceuticals Inc)

Size of Board. Each Stockholder Shareholder agrees to vote, vote or cause to be voted, voted all Voting Shares (as defined below) owned by such StockholderShareholder, or over which such Stockholder Shareholder has voting control, from time to time and at all times, in whatever manner as shall be necessary to amend the Company’s Articles of Incorporation to ensure that the size of the Company’s Board of Directors (the “Board”) shall be set and remain at five four (54) directors.

Appears in 1 contract

Samples: Voting Agreement (Kaspien Holdings Inc.)

Size of Board. Each Stockholder agrees to vote, The Stockholders shall vote or cause to be votedvoted (whether by actual vote or by written consent), all Voting Shares (as defined below) shares owned by such Stockholderhim, her or it, or over which such Stockholder he, she or it has voting control, from time and to time and at all timesotherwise use his, in whatever manner as shall be necessary her or its best efforts to ensure that the size of the Company’s 's Board of Directors (the “Board”) shall be set and remain at five (5) directorsfour members, unless otherwise agreed to by [***].

Appears in 1 contract

Samples: Collaborative Research and Development and License Agreement (Optimer Pharmaceuticals Inc)

Size of Board. Each Stockholder agrees to vote, The Stockholders shall vote or cause to be votedvoted (whether by actual vote or by written consent), all Voting Shares (as defined below) shares owned by such Stockholderhim, her or it, or over which such Stockholder he, she or it has voting control, from time and to time and at all timesotherwise use his, in whatever manner as shall be necessary her or its best efforts to ensure that the size of the Company’s Board of Directors (the “Board”) shall be set and remain at five (5) directorsfour members, unless otherwise agreed to by Xxxxxxxxxxx Xxxxxxxxx, Ph.D..

Appears in 1 contract

Samples: Collaborative Research and Development and License Agreement (Cempra Holdings, LLC)

Size of Board. Each Stockholder Shareholder agrees to vote, vote or cause to be voted, voted all Voting Shares (as defined below) owned by such StockholderShareholder, or over which such Stockholder Shareholder has voting control, from time to time and at all times, in whatever manner as shall be necessary to amend the Company’s Articles of Incorporation to ensure that the size of the Company’s Board of Directors (the “Board”) shall be set and remain at five three (53) directors.

Appears in 1 contract

Samples: Voting Agreement (Trans World Entertainment Corp)