REDACTED Certain identified information, indicated by [*****], has been omitted pursuant to Item 601(b)(10) because it is (i) not material and (ii) contains personal information. AMENDED AND RESTATED DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • June 23rd, 2022 • Bausch & Lomb Corp • Ophthalmic goods • Delaware
This Amended and Restated Director Appointment and Nomination Agreement, dated as of June 21, 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:
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • February 26th, 2024 • Ohio Power Co • Electric services
your investment in the Company and (ii) who are informed by you of the confidential nature of such information and agree to be bound by the terms of this Agreement as if they were a party hereto; provided, further, that you will be responsible for any violation of this letter agreement by your Representatives as if they were parties to this letter agreement; and (B) to the Company and the Company Representatives. It is understood and agreed that the Icahn Designee (including any Replacement Designee) and the Icahn Board Observer shall not disclose to you or your Representatives any Privileged Information (as defined below) that may be included in the Evaluation Material. “Privileged Information” as used in this letter agreement shall be solely and exclusively limited to the advice provided by legal counsel and any discussions, deliberations or materials concerning such advice or which would otherwise be subject to legal privileges and protections and shall not include factual informati
FIRST AMENDMENT TO DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • March 29th, 2019 • CAESARS ENTERTAINMENT Corp • Hotels & motels
This First Amendment to Director Appointment and Nomination Agreement (this “Amendment”), dated March 28, 2019, 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 Caesars Entertainment Corporation (the “Company”). Capitalized terms used herein but not defined herein shall have the respective meanings set forth in the Original Agreement (as defined below).
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • March 1st, 2019 • CAESARS ENTERTAINMENT Corp • Hotels & motels • Delaware
This Director Appointment and Nomination Agreement, dated as of March 1, 2019 (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 Caesars Entertainment 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 acknowledged, the parties agree as follows:
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • December 13th, 2022 • Crown Holdings Inc • Metal cans
This letter agreement shall become effective upon the appointment of any Icahn Designee to the Board of Directors (the “Board”) of Crown Holdings, Inc. (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Director Appointment and Nomination Agreement (the “Nomination Agreement”), dated as of December 12, 2022, among the Company and the Icahn Group. The Company understands and agrees that, subject to the terms of, and in accordance with, this letter agreement, an Icahn Designee may, if and to the extent he or she desires to do so, disclose non-privileged information he or she obtains while serving as a member of the Board to you and your Representatives (as hereinafter defined), and may discuss such information with any and all such persons, subject to the terms and conditions of this letter agreement, and that other members of the Board may similarly disclose information to you if they wish to do so, subject to the
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • March 19th, 2018 • Newell Brands Inc • Plastics products, nec • 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:
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • February 16th, 2024 • Jetblue Airways Corp • Air transportation, scheduled
This Director Appointment and Nomination Agreement, dated as of February 16, 2024 (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 JetBlue Airways 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:
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • February 24th, 2021 • Bausch Health Companies Inc. • Pharmaceutical preparations • Delaware
Investor Contact: Media Contact: Arthur Shannon Lainie Keller arthur.shannon@bauschhealth.com lainie.keller@bauschhealth.com (514) 856-3855 (908) 927-1198 (877) 281-6642 (toll free)
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • March 16th, 2021 • Firstenergy Corp • Electric services • Ohio
DIRECTOR APPOINTMENT AND NOMINATION AGREEMENTDirector Appointment and Nomination Agreement • March 25th, 2020 • Occidental Petroleum Corp /De/ • Crude petroleum & natural gas • Delaware
This letter agreement shall become effective upon the appointment of any Icahn Designee to the Board of Directors (the “Board”) of Occidental Petroleum Corporation (the “Company”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Director Appointment and Nomination Agreement (the “Nomination Agreement”), dated as of March 25, 2020, among the Company, the Icahn Group and, solely with respect to the provisions applicable thereto, the New Independent Director. The Company understands and agrees that, subject to the terms of, and in accordance with, this letter agreement, an Icahn Designee may, if and to the extent he or she desires to do so, disclose information he or she obtains while serving as a member of the Board to you and your Representatives (as hereinafter defined), and may discuss such information with any and all such persons, subject to the terms and conditions of this Agreement, and that other members of the Board may
