Examples of Initial Investor Director in a sentence
Subject to the provisions of this Section 5(b), in the event any Initial Investor Director or the Investor Director, as applicable, is removed, resigns or is unable to serve as a member of the Board of Directors, the holders of a majority of the voting power of the outstanding Class B Common Stock and Series C Preferred Stock, voting together as a separate class to the exclusion of the holders of any other Common Stock and any other series of Preferred Stock, shall have the right to fill such vacancy.
Each Initial Investor Director or the Investor Director, as applicable, may only be elected to the Board of Directors by the holders of the Class B Common Stock and Series C Preferred Stock in accordance with this Section 5(b), and each such Initial Investor Director’s or the Investor Director’s seat, as applicable, shall otherwise remain vacant.
Without limitation to the foregoing, the Company shall procure that, as soon as practicable and in any event no later than the Second Closing Date, an existing director of the Company shall resign from the board of directors of the Company, and the Initial Investor Director shall be appointed as a director of the Company to fill the vacancy resulting from the foregoing resignation.
After the Closing Date, the Company shall cause an additional initial Investor Director to be identified by the Investor (the “Second Initial Investor Director”) to be elected and appointed to the Board not later than thirty (30) days after the Investor provides written notice to the Secretary of the Company of its identification of the Second Initial Investor Director.
Upon the appointment of the Initial Investor Director, the Company shall enter into an indemnification agreement with the Initial Investor Director in substantially the same form as applicable to other members of the board of directors of the Company.
Covered Person 5.08(h) Excluded Stock 5.11(a) Filed SEC Documents Article III Initial Investor Director Designee 5.06(a) Investment Bank 5.12(a) Investor Preamble Issuer Agreement Error! Reference source not found.
The Company shall cause the Board to promptly after the date hereof (and in any event prior to the earlier of (x) the first meeting of any committee of the Board after the date hereof and (y) the close of business on the tenth (10th) day after the date hereof) nominate, subject to the terms of this Section 2.02(a) and Section 2.02(b), the Initial Investor Director Designees to the committees designated in accordance with this Section 2.02(a).
If the Initial Investor Director is not reelected at the 2012 annual meeting of shareholders, then prior to the Extended Expiration Time, at any time that no Investor Director serves on the Board, the Investor shall be entitled to appoint one designee to attend meetings of the Board as a non-voting observer (the “Investor Observer”), subject to compliance with the applicable rules of the NYSE.
Each Initial Investor Director or the Investor Director, as applicable, may only be elected to the Board of Directors by the holders of the Class B Common Stock in accordance with this Section C.(ii) of this Article FOURTH, and each such Initial Investor Director’s or the Investor Director’s seat, as applicable, shall otherwise remain vacant.
Subject to the provisions of this Section C.(ii) of this Article FOURTH, in the event any Initial Investor Director or the Investor Director, as applicable, is removed, resigns or is unable to serve as a member of the Board of Directors, the holders of a majority of the voting power of the outstanding Class B Common Stock, voting as a separate class to the exclusion of the holders of any other Common Stock and any series of Preferred Stock, shall have the right to fill such vacancy.