Common use of Bidco Clause in Contracts

Bidco. (i) The Investors agree that the business and affairs of Bidco shall be managed through a Board (the “Bidco Board”) consisting of 10 members (each, a “Bidco Director”). The Bidco Directors shall be elected to the Bidco Board in accordance with the following procedures: (A) The CEO of Target shall be appointed as a Bidco Director at all times in accordance with the Investment Agreement. (B) The Encore Investor shall have the right to designate five Bidco Directors (the “Encore Bidco Directors”), who shall consist of: 1. The CEO of the Encore Investor; and

Bidco. (i) The Investors agree that the business and affairs of Bidco shall be managed through a Board (the “Bidco Board”) consisting of 10 members (each, a “Bidco Director”). The Bidco Directors shall be elected to the Bidco Board in accordance with the following procedures: (A) The CEO of Target shall be appointed as a Bidco Director at all times in accordance with the Investment Agreement.. Table of Contents (B) The Encore Investor shall have the right to designate five Bidco Directors (the “Encore Bidco Directors”), who shall consist of: 1. The CEO of the Encore Investor; and