Common use of Board of Directors of the Company Clause in Contracts

Board of Directors of the Company. (1) The Company and its directors have taken all appropriate and necessary action to (i) cause the Board of Directors of the Company, as of the Effective Date, to be composed of nine (9) members and divided into three (3) classes designated as Class I, Class II and Class III, each class consisting of three (3) directors, and (ii) reclassify one of the existing Class III directors as a Class II director. For so long as Xxxxxxxx, together with any and all of its Permitted Transferees, beneficially own in the aggregate 25% or more of the Shares beneficially owned by Xxxxxxxx on the Effective Date, the size of the Board of Directors shall not exceed nine (9) members. Xxxxxxxx shall be entitled to nominate four members to the Board of Directors (collectively, the "Xxxxxxxx Nominees"). One Xxxxxxxx Nominee shall be classified as a Class I Director of the Company, two Xxxxxxxx Nominees shall be classified as Class II Directors of the Company and one Xxxxxxxx Nominees shall be classified as a Class III Director of the Company.

Board of Directors of the Company. (1a) The Company and its directors have taken all appropriate and necessary action to (i) cause the Board of Directors of the Company, as of the Effective Date, to be composed of nine (9) members and divided into three (3) classes designated as Class I, Class II and Class III, each class consisting of three (3) directors, and (ii) reclassify one of the existing Class III directors as a Class II director. For so long as XxxxxxxxWilliams, together with any and all of its Permitted Transferees, beneficially bxxxxxxxxlly own in the aggregate 25% or more of the Shares beneficially owned by Xxxxxxxx Williams on the Effective Date, the size of the Board of Directors shall not xxxxx xxt exceed nine (9) members. Xxxxxxxx Williams shall be entitled to nominate four members to the Board of Directors Xxxxxxxrs (collectively, the "Xxxxxxxx Williams Nominees"). One Xxxxxxxx Williams Nominee shall be classified as a Class I Xxxxx X Director of the CompanyCxxxxxx, two Xxxxxxxx Williams Nominees shall be classified as Class II Directors of the Company Xxxxxxx and one Xxxxxxxx Williams Nominees shall be classified as a Class III Director of the Companythx Xxxxxxy.

Board of Directors of the Company. (1a) The Company and its directors have taken all appropriate and necessary action to (i) cause the Board of Directors of the Company, as of the Effective Date, to be composed of nine (9) members and divided into three (3) classes designated as Class I, Class II and Class III, each class consisting of three (3) directors, and (ii) reclassify one of the existing Class III directors as a Class II director. For so long as XxxxxxxxWilliams, together with any and all of its Permitted Transferees, beneficially benexxxxxxxx own in the aggregate 25% or more of the Shares beneficially owned by Xxxxxxxx Williams on the Effective Date, the size of the Board of Directors shall not exceed shaxx xxx xxceed nine (9) members. Xxxxxxxx Williams shall be entitled to nominate four members to the Board of Directors Dixxxxxxx (collectively, the "Xxxxxxxx Williams Nominees"). One Xxxxxxxx Williams Nominee shall be classified as a Class I Director Claxx X Xxxector of the CompanyCompxxx, two Xxxxxxxx xxx Williams Nominees shall be classified as Class II Directors of the Company and Comxxxx xxx one Xxxxxxxx Williams Nominees shall be classified as a Class III Director of the CompanyCxxxxxx.

Board of Directors of the Company. (1a) The Company and its directors have taken all appropriate and necessary action to (i) cause the Board of Directors of the Company, as of the Effective Date, to be composed of nine (9) members and divided into three (3) classes designated as Class I, Class II and Class III, each class consisting of three (3) directors, and (ii) reclassify one of the existing Class III directors as a Class II director. For so long as XxxxxxxxWilxxxxx, together xogether with any and all of its Permitted Transferees, beneficially own in the aggregate 25% or more of the Shares beneficially owned by Xxxxxxxx on Wilxxxxx xx the Effective Date, the size of the Board of Directors shall not exceed nine (9) members. Xxxxxxxx shall Wilxxxxx xxall be entitled to nominate four members to the Board of Directors (collectively, the "Xxxxxxxx NomineesWilxxxxx Xxminees"). One Xxxxxxxx Nominee Wilxxxxx Xxminee shall be classified as a Class I Director of the Company, two Xxxxxxxx Nominees Wilxxxxx Xxminees shall be classified as Class II Directors of the Company and one Xxxxxxxx Nominees Wilxxxxx Xxminees shall be classified as a Class III Director of the Company.