Appointment of Officers. The Board of Directors shall appoint the officers of the Company, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Otonomo Technologies Ltd.), Agreement and Plan of Merger (Osprey Technology Acquisition Corp.), Agreement and Plan of Merger and Reorganization (Amprius Technologies, Inc.)
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 4 contracts
Samples: Business Combination Agreement (L&F Acquisition Corp.), Business Combination Agreement (Walker Jeffrey Clinton), Business Combination Agreement (Adara Acquisition Corp.)
Appointment of Officers. The Board board of Directors directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylaws, subject to the rights, if any, of an officer under any contract of employment. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in this Section 5 for the regular election to such office.
Appears in 3 contracts
Samples: Plan of Conversion (A.S.V., LLC), Plan of Conversion (A.S.V., LLC), Plan of Conversion (Asv Holdings, Inc.)
Appointment of Officers. The Board of Directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section Sections 5.3 and 5.5 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 3 contracts
Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc), Loan and Security Agreement (Cytokinetics Inc), Security Agreement (Biomira Inc)
Appointment of Officers. The Board of Directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section Sections 5.3 or 5.5 of these bylaws, shall be appointed by the Board of Directors, subject to the rights, rights (if any, ) of an officer under any contract of employment.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (AvidXchange Holdings, Inc.), www.orrick.com, media.orrick.com
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 3 contracts
Samples: Loan and Security Agreement (Achaogen Inc), Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc)
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylawsBylaws, subject to the rights, if any, of an officer under any contract of employment. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in this Article V for the regular election to such office.
Appears in 3 contracts
Samples: Support Agreement (Inuvo, Inc.), Support Agreement (ConversionPoint Holdings, Inc.), Support Agreement (ConversionPoint Holdings, Inc.)
Appointment of Officers. The Board of Directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section Sections 5.3 or 5.5 of these bylawsBylaws, shall be appointed by the Board of Directors, subject to the rights, if any, of an officer under any contract of employment.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alliance MMA, Inc.), Common Stock Purchase Agreement (Chemdex Corp)
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 3 or Section 5 of these bylawsthis Article IV, shall be appointed by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Javo Beverage Co Inc), Epicor Software Corp
Appointment of Officers. The Board board of Directors directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section Sections 5.3 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Command Center, Inc.)
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed (including those being appointed to fill any vacancy) in accordance with the provisions of Section SECTIONS 5.3 of these bylawsby-laws, subject to shall be appointed by the rights, if any, Board of an officer under any contract of employmentDirectors.
Appears in 1 contract
Appointment of Officers. The Board of Directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section Sections 5.3 or 5.5 of these bylaws, shall be chosen by the board of directors, subject to the rights, if any, of an officer under any contract of employment.
Appears in 1 contract
Appointment of Officers. The Board of Directors shall appoint the officers of the CompanyCorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 Sections 4.3 and 4.5 of these bylaws, subject to the rights, if any, of an officer under any contract of employment.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Procera Networks, Inc.)
Appointment of Officers. The Board of Directors shall appoint the officers of the Companycorporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 or Section 5.5 of these bylawsBylaws, shall be chosen by the board of directors, subject to the rights, if any, of an officer under any contract of employment.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Electro Pulse Technologies Commercial Inc)
