Common use of Establishment Clause in Contracts

Establishment. There is hereby established a Board of Directors (the “Board of Directors”) comprised of natural Persons (the “Directors”) having the authority and duties set forth in this Agreement and the Act. For all business that is put to the vote of the Board of Directors, each Director shall be entitled to one vote. Any decisions to be made by the Board of Directors shall require the approval of a majority of the Board of Directors. Except as provided in the immediately preceding sentence, no Director acting alone, or with any other Director or Directors, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a Director. Each Director shall be a “manager” (as that term is defined in the Act) of the Company, but, notwithstanding the foregoing, no Director shall have any rights or powers beyond the rights and powers granted to such Director in this Agreement. Directors need not be residents of the State of Delaware.

Establishment. There is hereby established a Board board of Directors managers (the “Board of DirectorsBoard”) comprised of natural Persons (the “DirectorsManagers”) having the authority and duties set forth in this Agreement and the Delaware Act. For all business that is put to the vote of the Board of DirectorsBoard, each Director Manager of the Company shall be entitled to one (1) vote. Any decisions to be made by the Board of Directors shall require the approval of a majority of the Board of DirectorsBoard. Except as provided in the immediately preceding sentence, no Director Manager acting alone, or with any other Director Manager or DirectorsManagers, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a DirectorManager. Each Director Manager shall be a “manager” (as that term is defined in the Delaware Act) of the Company, but, notwithstanding the foregoing, no Director Manager shall have any rights or powers beyond the rights and powers granted to such Director Manager in this Agreement. Directors Managers need not be residents of the State of Delaware.

Establishment. There is hereby established a Board board of Directors directors (the “Board Board”), which shall be a “manager” of Directors”) the Company within the meaning of the Act, and which shall be comprised of natural Persons persons (the each, a “DirectorsDirector”) having the authority and duties set forth specified in this Agreement and the ActAgreement. For all business that is put to the vote of the Board of Directors, each Each Director shall be entitled to one vote. Any decisions to be made by the Board of Directors shall require the approval of a majority of the Board of Directors. Except as provided in the immediately preceding sentence, no No Director acting alone, or with any any‌ other Director or DirectorsDirectors (other than acting as the Board), shall have the power to act for or on behalf of, or to bind the Company in his or her capacity (including as a Directorresult of each being a “manager” within the meaning of the Act of the Company as further provided in this Section 8.1). Each Director shall be a “manager” (as that term is defined in within the Act) meaning of the Act of the Company, but, notwithstanding the foregoing, no Director shall have any rights or powers beyond the rights and powers granted to such Director in this AgreementAgreement or under the Act. Directors need not be residents of the State of Delaware.

Establishment. There is hereby established a Board of Directors committee (the “Board of Directors”"Board") comprised of natural Persons persons (the “"Directors”") having the authority and duties set forth in this Agreement Agreement. Each Director shall be designated as either a "Class A Director" or a "Class B Director". Each Class A Director shall be entitled to three votes and the Act. For all business that is put to the vote of the Board of Directors, each Class B Director shall be entitled to one vote. Any decisions to be made by the Board of Directors shall require the approval of a majority Majority of the Board of DirectorsBoard. Except as provided in the immediately preceding sentence, no Director acting alone, or with any other Director or Directors, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a DirectorCompany. Each Director shall be a “"manager” " (as that term is defined in the Delaware Act) of the Company, but, notwithstanding the foregoing, no Director shall have any rights or powers beyond the rights and powers granted to such Director in this Agreement. Directors need not be residents of the State of Delaware.

Establishment. There is hereby established a Board board of Directors directors (the “Board of Directors”"Board") comprised of natural Persons (the “Directors”"Managers") having the authority and duties set forth in this Agreement and the Delaware Act. For all business that is put to the vote of the Board of DirectorsBoard, each Director Manager of the Company shall be entitled to one (1) vote. Any decisions to be made by the Board of Directors shall require the approval of a majority of the Board of DirectorsBoard. Except as provided in the immediately preceding sentence, no Director Manager acting alone, or with any other Director Manager or DirectorsManagers, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a DirectorManager. Each Director Manager shall be a “"manager” " (as that term is defined in the Delaware Act) of the Company, but, notwithstanding the foregoing, no Director Manager shall have any rights or powers beyond the rights and powers granted to such Director Manager in this Agreement. Directors Managers need not be residents of the State of Delaware.

Establishment. There is hereby established a Board of Directors (the “Board of Directors”) comprised of natural Persons (the “Directors”) having the authority and duties set forth in this Agreement and the ActAct . For all business that is put to the vote of the Board of Directors, each Director shall be entitled to one vote. Any decisions to be made by the Board of Directors shall require the approval of a majority of the Board of Directors. Except as provided in the immediately preceding sentence, no Director acting alone, or with any other Director or Directors, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a Director. Each Director shall be a “manager” (as that term is defined in the Act) of the Company, but, notwithstanding the foregoing, no Director shall have any rights or powers beyond the rights and powers granted to such Director in this Agreement. Directors need not be residents of the State of Delaware.

Establishment. There is hereby established a Board of Directors committee (the “Board of DirectorsBoard”) comprised of natural Persons (the “Directors”) having the authority and duties set forth in this Agreement and the Delaware Act. For all business that is put Each ABRY Director shall be entitled to the vote of the Board of Directors, two (2) votes and each other Director shall be entitled to one vote. Any decisions to be made by the Board of Directors shall require the approval of a majority Majority of the Board of DirectorsBoard. Except as provided in the immediately preceding sentence, no Director acting alone, or with any other Director or Directors, shall have the power to act for or on behalf of, or to bind the Company in his or her capacity as a Director. Each Director shall be a “manager” (as that term is defined in the Delaware Act) of the Company, but, notwithstanding the foregoing, no Director shall have any rights or powers beyond the rights and powers granted to such Director in this Agreement. Directors need not be residents of the State of Delaware.