Common use of Election; Resignation; Vacancies Clause in Contracts

Election; Resignation; Vacancies. At each annual meeting of stockholders, the stockholders shall elect directors each of whom shall hold office for a term expiring at the next annual meeting of stockholders and until his or her successor is duly elected and qualified, subject to such director’s earlier death, resignation, disqualification or removal. Any director may resign at any time upon notice to the corporation. Unless otherwise provided by law or the certificate of incorporation, any newly created directorship or any vacancy occurring in the Board of Directors for any cause may be filled by a majority of the remaining members of the Board of Directors, although such majority is less than a quorum, or by a plurality of the votes cast at a meeting of stockholders, and each director so elected shall hold office until the expiration of the term of office of the director whom he or she has replaced or until his or her successor is elected and qualified.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Cadus Corp), Agreement and Plan of Merger (Federal-Mogul Holdings Corp), Agreement and Plan of Merger (Icahn Enterprises L.P.)

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Election; Resignation; Vacancies. At each annual meeting of the stockholders, the stockholders shall elect directors each of whom shall hold office for a term expiring at the next annual meeting of stockholders and one year or until his or her successor is duly elected and qualified, subject to such director’s earlier death, resignation, disqualification or removal. Any director may resign at any time upon notice to the corporationCorporation. Unless otherwise provided by law or the certificate Certificate of incorporationIncorporation, any newly created directorship or any vacancy occurring in the Board of Directors for any cause may be filled by a majority of the remaining members of the Board of Directors, although such majority is less than a quorum, or by a plurality of the votes cast at a meeting of stockholders, and each director so elected shall hold office until the expiration of the term of office of the director whom he or she has replaced or until his or her successor is elected and qualified.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acamar Partners Acquisition Corp.)

Election; Resignation; Vacancies. At each annual meeting of stockholders, the stockholders shall elect directors directors, each of whom shall hold office for a term expiring at the next annual meeting of stockholders and until his or her successor is duly elected and qualified, subject to such director’s earlier death, resignation, disqualification or removal. Any director may resign at any time upon notice to the corporationCorporation. Unless otherwise provided by law or the certificate of incorporation, any newly created directorship or any vacancy occurring in the Board of Directors for any cause may be filled by a majority of the remaining members of the Board of Directors, although such majority is less than a quorum, or by a plurality of the votes cast at a meeting of stockholders, and each director so elected shall hold office until the expiration of the term of office of the director whom he or she has replaced or until his or her successor is elected and qualified.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Voltari Corp)

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Election; Resignation; Vacancies. At each annual meeting of stockholders, the stockholders Directors shall elect directors each of whom shall be elected to hold office for a term expiring at until the next annual meeting of stockholders and until his or her successor is duly elected the election and qualifiedqualification of such directors’ respective successors, subject to such director’s directors’ earlier death, resignation, disqualification or removal. Any director may resign at any time upon notice to the corporation. Unless otherwise provided by law or the certificate of incorporation, any newly created directorship or any vacancy occurring in the Board of Directors for any cause may be filled by either (i) the affirmative vote of the holders of a majority in voting power of the shares of stock of the corporation or (ii) a majority of the remaining members of the Board of Directors, although even though such majority is less than a quorum, or by a plurality of the votes cast at a meeting of stockholders, and each director so elected shall hold office until the expiration of the term of office of the director whom he or she has replaced or until his or her successor is elected and qualified.

Appears in 1 contract

Samples: Restructuring and Exchange Agreement (Xtant Medical Holdings, Inc.)

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