Examples of Summit Director in a sentence
For the avoidance of doubt the Summit Director shall not be deemed interested solely as a result of being elected by the holders of the Class E Preferred Units or solely as a result of being issued Class E-3 Preferred Units in the Summit Transaction.
For so long as the Summit Investor holds a number of shares of Common Stock representing at least 20% of the number of shares of Common Stock held by the Summit Investor as of the Closing (after giving effect to any exercise by the underwriters of their option to purchase additional shares), the Summit Director shall be included in the slate of nominees recommended by the Board for election as directors at each applicable annual or special meeting of stockholders at which such director is to be elected.
In accordance with the Company Bylaws, the Company shall reimburse each TPG Designee, Summit Director and Silversmith Director for all reasonable and documented out-of-pocket expenses incurred in connection with such director’s or designee’s participation in the meetings of the Board or any committee of the Board, including reasonable travel, lodging and meal expenses.
For the avoidance of doubt, no TPG Director, Summit Director or Silversmith Director shall be eligible to receive compensation from the Company for serving as a director unless otherwise determined by the Board.
Notwithstanding the foregoing, Percon shall at all times have the right to recommend the removal, with or without cause, of any of the Percon Directors; the Founders and the Founders Directors shall have the right to recommend the removal, with or without cause, of any Founders Director; and Summit and the Summit Directors shall at all times have the right to recommend the removal, with or without cause, of any Summit Director.
Subject to Section 6.2(n), only the Summit Directors will have the right to vote on matters before the Board and each Summit Director shall have one vote.
If, and to the extent, that the foregoing information has been received by the Summit Director, then such information shall be deemed to have been delivered to each of the Summit Investors, and any failure to separately deliver to each Summit Investor shall not be deemed a breach or default of the Company’s obligation under this Section 3.2.
Subject to applicable Dutch law, the Summit Investors shall have the right to remove the Summit Director at any time and, until such time as their rights pursuant to this Section 3.1(a) terminate, shall have the sole right to nominate a candidate to fill any vacancy arising from time to time with respect to the Summit Director, provided, however, that the Company shall not be required to convene a shareholder meeting solely for the purpose of electing such candidate.
The Ception Holders and Ception Consultants (as such terms are defined in the Fulcrum Plan of Merger Amendment) shall be third party beneficiaries of the provisions of this Section 8.2. ** Portions of the Exhibit have been omitted and have been filed separately pursuant to an application for confidential treatment filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Notice of actions taken by written consent in lieu of a meeting of the Board shall be delivered to each Summit Director as promptly as reasonably practicable following the date the requisite consent is obtained.