Common use of Board Membership Clause in Contracts

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve has served as a member of the Board as of since the Effective Date. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reasonreason and unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarilyvoluntarily and without further action from the Board, without any further required action by the Executive, effective as of the end of the Executive’s employment as President and Chief Executive Officer, and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as As of the Effective Date, Executive shall also serve as a Director of the Board. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed continued to serve as a member of the Board as of the Effective Commencement Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment TermTerm (as defined in Section 2), the Company will Board shall nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will shall be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned shall tender his resignation from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, effective as of the end of the Executive’s employment employment, and ExecutiveExecutive shall, at the Board’s request, will execute and deliver any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board effective as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment TermTerm at which Executive’s term as a member of the Board has otherwise expired, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignationresignation(s).

Board Membership. Executive will be appointed to serve as a member of the Board as As of the Effective Date, Executive shall also serve as a Director of the Board. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) all other positions held at the Company and its affiliates voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve currently serves as a ---------------- member of the Board as of the Effective DateBoard. Thereafter, at At each annual meeting of the Company’s stockholders 's shareholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s 's service as a member of the Board will be subject to any required stockholder shareholder approval. Upon the termination of Executive’s 's employment for any reason, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s 's employment and Executive, at the Board’s 's request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed continue to serve as a member of the Board as of the Effective Commencement Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned tender her resignation from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, effective as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his her resignation.

Board Membership. As of the date hereof, Executive will be appointed continue to serve as a member of the Board as of the Effective DateBoard. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as As of the Effective Date, the Executive shall also serve as a director of the Board. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate the Executive to serve as a member of the Board. The Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of the Executive’s employment for any reason, unless otherwise requested by the Board, the Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and the Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s continued service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. As of December 31, 2008, Executive will be appointed continue to serve as a member of the Board as of the Effective DateBoard. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s continued service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve currently serves as a member of the Board. Following the Effective Date, Executive’s continued service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other officer and director positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents reasonably necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as soon as practicable after the execution of the Effective Datethis Agreement. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Termheld while this Agreement remains in effect, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, Executive will be deemed to have resigned from the Board (and any boards of directors of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve has served as a member of the Board as of since the Effective Date. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarilyvoluntarily and without further action from the Board, without any further required action by the Executive, effective as of the end of the Executive’s employment employment, and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as As of the Effective Date, Executive shall also serve as the Chairman of the Board. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) all other positions held at the Company and its affiliates voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarilyall other positions held at the Company and its affiliates), without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed continue to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarilyvoluntarily and without further action from the Board, without any further required action by the Executive, effective as of the end of the Executive’s employment employment, and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be was appointed to serve as a member of the Board as prior to the Effective Date and was appointed Chairman of the Board on the Effective Date. ThereafterDuring the Employment Term, at each annual meeting of the Company’s stockholders during at which Executive’s term as a member of the Employment TermBoard has otherwise expired, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from all positions held at the Board (Company and any boards its affiliates, except that of subsidiaries) Chairman of the Board, voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. As of the Effective Date, Executive will be appointed to serve serves as a member of the Board as of the Effective DateBoard. Thereafter, at At each annual meeting of the Company’s stockholders during the Employment Term, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed also continue to serve as a member of the Board as of the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment Term, at which the Executive’s term as a member of the Board has otherwise expired, the Company will use its best efforts to have the Company’s independent members of the Board nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiariesall other positions held at the Company and its affiliates) voluntarily, without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.

Board Membership. Executive will be appointed to serve as a member of the Board as of soon as practicable after the Effective Date. Thereafter, at each annual meeting of the Company’s stockholders during the Employment TermTerm (as defined below) at which Executive’s director class is up for election, the Company will nominate Executive to serve as a member of the Board. Executive’s service as a member of the Board will be subject to any required stockholder approval. Upon the termination of Executive’s employment for any reason, unless otherwise requested by the Board, Executive will be deemed to have resigned from the Board (and any boards of subsidiaries) voluntarilyall other positions held at the Company and its affiliates), without any further required action by the Executive, as of the end of the Executive’s employment and Executive, at the Board’s request, will execute any documents necessary to reflect his resignation.