Common use of Conflicts Committee Clause in Contracts

Conflicts Committee. Prior to the earlier of the Effective Time and the termination of this Agreement, none of Parent, the Company or any of their Subsidiaries shall, without the consent of the Conflicts Committee, eliminate the Conflicts Committee, or revoke or diminish the authority of the Conflicts Committee, or remove or cause the removal (without cause) of any director of the Company Board that is a member of the Conflicts Committee either as a member of the Company Board or the Conflicts Committee, without the affirmative vote of the Company Board, including the affirmative vote of a majority of the members of the Conflicts Committee. For the avoidance of doubt, this Section 5.13 shall not apply to the filling of any vacancies caused by the death, incapacity or resignation of any director in accordance with the provisions of the Company Agreement.

Conflicts Committee. Prior to the earlier of the Effective Time and the termination of this Agreement, none of Parent, Holdings, the Company or any of their Subsidiaries shall, without the consent of the Conflicts Committee, eliminate the Conflicts Committee, or revoke or diminish the authority of the Conflicts Committee, or remove or cause the removal (without cause) of any director of the Company Board that is a member of the Conflicts Committee either as a member of the Company Board or the Conflicts Committee, without the affirmative vote of the Company Board, including the affirmative vote of a majority of the members of the Conflicts Committee. For the avoidance of doubt, this Section 5.13 ‎Section 5.14 shall not apply to the filling of any vacancies caused by the death, incapacity or resignation of any director in accordance with the provisions of the Company LLC Agreement.

Conflicts Committee. Prior to the earlier of the First REIT Merger Effective Time and the termination of this AgreementAgreement in accordance with Article VIII, none of Parent, neither the Company or Partnership GP nor any of their Subsidiaries Buyer Party shall, without the consent of the Conflicts Committee, eliminate the Conflicts Committee, or revoke or diminish the authority of the Conflicts Committee, or remove or cause the removal (without cause) of any director member of the Company Board that is a member of the Conflicts Committee either as a member of the Company Board such board or the Conflicts Committee, such committee without the affirmative vote of the Company members of the Board, including the affirmative vote of a majority each of the other members of the Conflicts Committee. For the avoidance of doubt, this Section 5.13 6.11 shall not apply to the filling of any vacancies caused by the deathfilling, incapacity or resignation of any director in accordance with the provisions of the Company Partnership GP LLC Agreement, of any vacancies caused by the resignation, death or incapacity of any such director.