Common use of Size of the Board Clause in Contracts

Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have the number of directors authorized by the Bylaws of the Company. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Board, including without limitation, all shares of Common Stock and Series A Preferred Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 3 contracts

Samples: Voting Agreement (HyperSciences, Inc.), Voting Agreement (HyperSciences, Inc.), Voting Agreement (HyperSciences, Inc.)

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Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all Shares (as such term is 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 Board shall have the number board of directors authorized by the Bylaws of the CompanyCompany (the “Board”) shall be set and remain at three (3) directors. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Board, including without limitation, all shares of Common Stock and Series A Preferred Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 3 contracts

Samples: Voting Agreement (Mode Mobile, Inc.), Voting Agreement (Mode Mobile, Inc.), Voting Agreement (Mode Mobile, Inc.)

Size of the Board. Each From and after the date hereof, each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have the number of directors authorized by the Bylaws of the Companybe set and remain at five (5) directors. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Board, including including, without limitation, all shares of Common Stock and Series A Preferred Stock, preferred stock by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Fuse Medical, Inc.), Adoption Agreement (Fuse Medical, Inc.)

Size of the Board. Each Stockholder Investor and Key Holder (collectively, each a “Stockholder”) agrees to vote, or cause to be voted, all 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 necessary, to ensure that the size of the Board of Directors shall have the number of directors authorized by the Bylaws of the Companybe set and remain at five (5) directors. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the BoardBoard of Directors, including without limitation, all shares of Common Stock and Series A Preferred Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however and whenever acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Investors’ Rights Agreement (iSpecimen Inc.)

Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have the number of directors authorized by the Bylaws of the Companybe set and remain at seven directors. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company that the holders of which are entitled to vote for members of the Company’s Board of Directors (“Board”), including without limitation, all shares of Common Stock and Series A Preferred Stockall shares of preferred stock, if any, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Adoption Agreement

Size of the Board. Each Stockholder During the Term (as defined below) of this Agreement, each Shareholder agrees to vote, or cause to be voted, all 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 ensure that the size of the Board shall have the number of directors authorized by the Bylaws of the Companybe set and remain at seven (7) directors. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Board, including without limitation, all shares of Common Stock and Series A Preferred Stockor preferred stock, by whatever name called, now owned or subsequently acquired by a StockholderShareholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Voting Agreement (China TransInfo Technology Corp.)

Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board of Directors shall have the number of be set at either nine (9) directors authorized or ten (10) directors, as determined by the Bylaws Board of the CompanyDirectors from time to time. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Boardvote, including without limitation, all shares of Common Stock, Preferred Stock and Series A Preferred Class S Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Stockholders’ Agreement (Sweetgreen, Inc.)

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Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have be set and remain at five (5) directors and may be increased only with the number written consent of directors authorized by the Bylaws of the CompanyHelios. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company that entitle the holders of which are entitled to vote for members of the Board, including without limitation, all shares of Common Stock and Series A Preferred Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Voting Agreement (Helios & Matheson Analytics Inc.)

Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have be set and remain at five (5) Directors and may be increased or decreased only with the number written consent of directors authorized by the Bylaws of the Companyall Stockholders. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company and its subsidiaries that the holders of which are entitled to vote for members of the Boardvote, including without limitation, limitation all shares of Common Stock and Series A Preferred Stock, by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.otherwise.‌

Appears in 1 contract

Samples: Voting Agreement

Size of the Board. Each Stockholder agrees to vote, or cause to be voted, all 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 Board shall have be set and remain at two (2) directors and may be increased only with the number written consent of directors authorized by the Bylaws of the CompanyInvestor. For purposes of this Agreement, the term “Shares” shall mean and include any securities of the Company the holders of which are entitled to vote for members of the Board, including without limitation, all shares of Common Stock and Series A Preferred Stock, Stock by whatever name called, now owned or subsequently acquired by a Stockholder, however acquired, whether through stock splits, stock dividends, reclassifications, recapitalizations, similar events or otherwise.

Appears in 1 contract

Samples: Voting Agreement (Zoom Technologies Inc)

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