5 (Five Sample Clauses

5 (Five. Directors, who qualify as an ‘independent director’ in terms of the Act, shall be appointed as independent directors by the Board, out of which each Investor shall have the right to recommend 1 (One) such independent director, and the Promoters shall (collectively) be entitled to recommend 1 (One) Independent Director (collectively, “Independent Directors”). For the avoidance of doubt, it is clarified and confirmed that the Temasek Director and the Hyperion Director shall not be construed or counted by the Company as an Independent Director for the purpose of this Agreement and that the Independent Directors recommended by the relevant Party shall not be construed to be a nominee of, or a Director controlled by, the relevant recommending Party.