Appointment and Nomination Agreement Sample Contracts

APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • November 29th, 2013 • Blue Clay Capital Management, LLC • Retail-eating places

This Appointment and Nomination Agreement (this “Agreement”) dated November 27, 2013, is by and among the persons and entities listed on Schedule A (collectively, the “Blue Clay Group”, and individually a “member” of the Blue Clay Group), Famous Dave’s of America, Inc. (together with its subsidiaries, the “Company”) and Adam Wright, in his individual capacity and as a member of the Blue Clay Group (the “Blue Clay Designee”).

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FIRST AMENDMENT TO APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • March 14th, 2014 • Famous Daves of America Inc • Retail-eating places

This First Amendment to Appointment and Nomination Agreement (this “Amendment”) dated January 10, 2014, amends that certain Appointment and Nomination Agreement (the “Agreement”) dated November 27, 2013, by and among the persons and entities listed on Schedule A (collectively, the “Blue Clay Group”, and individually a “member” of the Blue Clay Group), Famous Dave’s of America, Inc. (together with its subsidiaries, the “Company”) and Adam Wright, in his individual capacity and as a member of the Blue Clay Group (the “Blue Clay Designee”). Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Agreement.

FIRST AMENDMENT TO APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • January 15th, 2014 • Blue Clay Capital Management, LLC • Retail-eating places

This First Amendment to Appointment and Nomination Agreement (this “Amendment”) dated January 10, 2014, amends that certain Appointment and Nomination Agreement (the “Agreement”) dated November 27, 2013, by and among the persons and entities listed on Schedule A (collectively, the “Blue Clay Group”, and individually a “member” of the Blue Clay Group), Famous Dave’s of America, Inc. (together with its subsidiaries, the “Company”) and Adam Wright, in his individual capacity and as a member of the Blue Clay Group (the “Blue Clay Designee”). Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Agreement.

REDACTED Certain identified information, indicated by [*****], has been excluded from the exhibit because it is both (i) not material and (ii) would likely cause competitive harm if publicly disclosed. DIRECTOR APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • April 28th, 2022 • Bausch & Lomb Corp • Ophthalmic goods • Delaware

This Director Appointment and Nomination Agreement, dated as of April 28, 2022 (this “Agreement”), is by and among the persons and entities listed on Schedule A (collectively, the “Icahn Group”, and each individually a “member” of the Icahn Group) and Bausch + Lomb Corporation (the “Company”). In consideration of and reliance upon the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

EX-99.1 2 d537723dex991.htm EX-99.1 EXECUTION VERSION DIRECTOR APPOINTMENT AND NOMINATION AGREEMENT
Appointment and Nomination Agreement • May 5th, 2020 • Delaware

This Director Appointment and Nomination Agreement, dated March 18, 2018 (this “Agreement”), is by and among the persons and entities listed on Schedule A (collectively, the “Icahn Group”, and each individually a “member” of the Icahn Group) and Newell Brands Inc. (the “Company”). In consideration of and reliance upon the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

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