Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Failure to Designate a Board Member. In the absence of any designation from RMCF as specified above, the director previously designated by RMCF and then serving shall be reelected if still eligible to serve as provided herein.
Failure to Designate a Board Member. In the absence of any designation from a Shareholder with the right to designate a director as specified hereunder, any such undesignated director seat shall remain vacant until such designee is chosen, and the remaining members of the Board shall continue to operate as a fully functioning Board and such vacancy shall not affect the constitution of the quorum of the Board meeting.
Failure to Designate a Board Member. During the Settlement Agreement Period, in the event that the Stockholder fails to recommend a replacement director (whether or not appointed to the Board) pursuant to Section 2(a)(vi) above within thirty (30) days of the date of the actual occurrence of a vacancy as set forth therein, such replacement director may designated by the Nominating Committee.
Failure to Designate a Board Member. If the Person or the holders of at least a majority of the Shares entitled under Section 9.2 to designate a director fail to elect a sufficient number of directors to fill all directorships pursuant to Section 9.2, then any directorship so vacant shall remain vacant until such time as the Person or the applicable holders elect a person to fill such directorship by vote or written consent in lieu of a meeting in accordance with Section 9.2.
Failure to Designate a Board Member. In the absence of any designation by PIC as specified in Section 1.2, the director previously designated by it and then serving shall be nominated for reelection at the Company’s next annual meeting of stockholders if still eligible to serve as provided herein.
Failure to Designate a Board Member. In the absence of any designation by the NRG Holder or the EDH Holder as specified in Section 2.2 or Section 2.3, the director or directors (or in the case of Section 2.3, such individual appointed to the governing body, as applicable) previously designated by the NRG Holder or the EDH Holder, as applicable, and then serving shall be reelected if still eligible to serve as provided herein.
Failure to Designate a Board Member. In the absence of any designation from Lxxxx as specified above, the director previously designated by it and then serving shall be presented to the stockholders at any annual or special meeting called for the purpose of electing directors if still eligible to serve as provided herein.
Failure to Designate a Board Member. In the absence of any designation from the TSG Investors as specified above, the director previously designated by them and then serving shall be reelected if willing to serve unless such individual has been removed as provided herein, and otherwise such Board seat shall remain vacant until otherwise filled as provided above.
Failure to Designate a Board Member. (a) In the absence of any designation from the KO Shareholders or CIBR as specified above, the directors previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
(b) In the event any director previously designated by the KO Shareholders or CIBR, as the case may be, is no longer eligible to serve as provided herein (an “Ineligible Director”), then, subject to applicable Law, the KO Directors, if the Ineligible Director had been designated by the KO Shareholders, or the CIBR Directors, if the Ineligible Director had been designated by CIBR, shall be entitled, acting unanimously with all the existing directors, to designate a new director to replace the Ineligible Director until such time as a special meeting of shareholders at which an election of directors is held or a written consent of the shareholders can be executed. The CIBR Directors, if the new director shall be designated by the KO Shareholders, or the KO Directors, if the new director shall be designated by CIBR, shall support and vote for the designated new director until such time as a special meeting of shareholders at which an election of directors is held or a written consent of the shareholders can be executed.
