Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 101 contracts
Samples: Adoption Agreement (Denim LA, Inc.), Shareholder Agreement (TomoTherapy Inc), Adoption Agreement (Wind Power Holdings Inc)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant.
Appears in 22 contracts
Samples: Voting Agreement (MedicaMetrix, Inc/De), Voting Agreement (PureTech Health PLC), Voting Agreement (6d Bytes Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 15 contracts
Samples: Investors’ Rights Agreement (Tenby Pharma Inc), Divestiture Agreement (Ophthotech Corp.), Shareholders Agreement (China Recycling Energy Corp)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible willing to serve unless such individual has been removed as provided herein, and otherwise such Board seat shall remain vacant until otherwise filled as provided above.
Appears in 13 contracts
Samples: Adoption Agreement (1427702 B.C. LTD), Adoption Agreement (Ondas Holdings Inc.), Stockholders’ Agreement (Sunlight Financial Holdings Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected re-elected if still eligible to serve as provided herein.
Appears in 5 contracts
Samples: Voting Agreement (Naqi Logix Inc.), Voting Agreement (Shackelford Pharma Inc.), Voting Agreement (Naqi Logix Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified abovein Section 4.1(b), the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 3 contracts
Samples: Adoption Agreement (Centrexion Therapeutics Corp), Adoption Agreement (Centrexion Therapeutics Corp), Adoption Agreement (Centrexion Therapeutics Corp)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right a Stockholder to designate a director as specified above, the director previously designated by them it and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Voting Agreement (Phoenix Footwear Group Inc), Voting Agreement (Riedman Corp)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided hereinherein and otherwise, or such Board seat shall remain vacant.
Appears in 2 contracts
Samples: Voting Agreement (Gryphon Online Safety, Inc.), Voting Agreement (Gryphon Online Safety, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons person or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Voting and Board Observer Agreement, Voting and Board Observer Agreement (SlideBelts Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director Director as specified above, the director Director previously designated by them and then serving shall be reelected if still eligible and willing to serve unless such individual has been removed as provided herein, and otherwise such Board seat shall remain vacant until otherwise filled as provided above.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Energy Exploration Technologies, Inc.), Adoption Agreement (Energy Exploration Technologies, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director Director as specified above, the director Director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Voting Agreement (Paylocity Holding Corp), Voting Agreement (Paylocity Holding Corp)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified aboveInvestor, the director previously designated by them Investor and then then-serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Voting Agreement (NCR Corp), Voting Agreement (Document Capture Technologies, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified aboveabove (a “Designating Party”), the director previously designated by them such Designating Party and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Security Agreement (Resonant Inc), Stockholders Agreement (Resonant Inc)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein. If the incumbent director is unable or unwilling to continue to serve, the seat shall remain vacant until the Persons or groups entitled to do so designate a new director and such person is elected to the Board in the manner prescribed herein and in the Company’s Certificate.
Appears in 2 contracts
Samples: Voting Agreement (Basil Street Cafe, Inc.), Voting Agreement (Basil Street Cafe, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected redesignated if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant.
Appears in 2 contracts
Samples: Voting Agreement, Voting Agreement (Lowell Farms Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified in Subsection 5.11(a) above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Celsius Holdings, Inc.), Investors’ Rights Agreement (Celsius Holdings, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided pro-vided herein.
Appears in 2 contracts
Samples: Voting Agreement (DAVIDsTEA Inc.), Voting Agreement (DAVIDsTEA Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still willing and eligible to serve serve; otherwise such Board seat shall remain vacant until otherwise filled as provided hereinabove.
Appears in 2 contracts
Samples: Adoption Agreement (Caribou Biosciences, Inc.), Adoption Agreement (Caribou Biosciences, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director for election to the Board as specified above, the director previously designated by them and then serving shall be reelected nominated for reelection to the Board if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant.
Appears in 2 contracts
Samples: Stockholders’ Agreement (F45 Training Holdings Inc.), Stockholders’ Agreement (F45 Training Holdings Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified abovein Section 1.2, the director previously designated by them and then serving shall be reelected if still eligible willing to serve unless such individual has been removed as provided herein, and otherwise such Board seat shall remain vacant until otherwise filled as provided above.
Appears in 2 contracts
Samples: Adoption Agreement (Facible BioDiagnostics, Inc.), Adoption Agreement (Facible BioDiagnostics, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided hereinherein (so long as the Persons or groups satisfy the applicable shareholding thresholds above) and otherwise, such Board seat shall remain vacant.
Appears in 2 contracts
Samples: Voting Agreement (Mode Mobile, Inc.), Voting Agreement (Mode Mobile, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified aboveFounder, the director previously designated by them the Founder and then serving on the Board shall be reelected if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant.
Appears in 2 contracts
Samples: Stockholders’ Agreement (Rentberry Inc.), Stockholders’ Agreement (Rentberry Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate of a director as specified aboveby the Investors or the Key Holders, the director previously designated by them the Investors or the Key Holders, as the case may be, and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Fuse Medical, Inc.), Adoption Agreement (Fuse Medical, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director Manager as specified above, the director Manager previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 2 contracts
Samples: Operating Agreement (Rhythm Holding Company, LLC), Operating Agreement (Rhythm Holding Company, LLC)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director of Holdings as specified above, the director previously designated by them and then serving in service shall be reelected if still eligible renominated and elected to serve as provided hereinon the Board.
Appears in 2 contracts
Samples: Investor Rights Agreement (UANT Ventures, L.P.), Investor Rights Agreement (USMD Holdings, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected nominated for reelection if still eligible to serve as provided herein.
Appears in 1 contract
Samples: Voting Agreement (Enumeral Biomedical Holdings, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided provided herein.
Appears in 1 contract
Samples: Voting Agreement
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director director(s) previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Samples: Stockholders’ Agreement (Homeland Security Capital CORP)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve unless such individual has been removed as provided herein, and otherwise such Board seat shall remain vacant until otherwise filled as provided above.
Appears in 1 contract
Samples: Voting Agreement (Winc, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided pro-vided herein.
Appears in 1 contract
Samples: Voting Agreement (Lumera Corp)
Failure to Designate a Board Member. In the absence of any designation from the Persons Person(s) or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified abovein Section 1.2, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided herein. Until such designee is chosen, the remaining members of the Board shall continue to operate as a fully functioning Board.
Appears in 1 contract
Samples: Stockholders Agreement (Poniard Pharmaceuticals, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein. For purposes of this Agreement, "Person" shall mean an individual, firm, corporation, partnership, association, limited liability company, trust or any other entity.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided herein. Until such designee is chosen, the remaining members of the Board of Directors shall continue to operate as a fully functioning Board of Directors.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director Investor as specified above, the director previously designated by them the Investor and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.herein.
Appears in 1 contract
Samples: Voting Agreement
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified abovedirector, the director previously designated by them and then serving shall be reelected re-elected if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant until otherwise filled in accordance with the Articles.
Appears in 1 contract
Samples: Adoption Agreement
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director New Holders as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided provided herein.
Appears in 1 contract
Samples: Agreement for Share Exchange (Asian Trends Media Holdings, Inc)
Failure to Designate a Board Member. In the absence of any designation from the Persons individual(s), business entity or groups entities, or group (“Person”) with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided hereinherein and otherwise such Board seat shall remain vacant.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons Person(s) or groups with the right to designate a director as specified abovein Section 1.2, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Samples: Adoption Agreement (Proto Labs Inc)
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving whose term has expired shall be reelected re-elected if such person is then still eligible eligible, able and willing to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified abovein this Section 3, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein. The Stockholders agree to execute any written consents required to perform the obligations of this Agreement, and the Company agrees at the request of any party entitled to designate directors to call a special meeting of stockholders for the purpose of electing directors.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons persons or groups with the right to designate a director as specified abovein the Articles or otherwise herein, the director previously designated by them such persons or group and then serving shall be reelected if still eligible to serve as provided herein(except in the case of a CEO Director who is no longer the Company’s Chief Executive Officer).
Appears in 1 contract
Samples: Voting Agreement (Hylete)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided provided herein.
Appears in 1 contract
Samples: Adoption Agreement
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups persons with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Samples: Adoption Agreement
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, each Holder shall vote their shares in favor of reelecting the director or directors previously designated by them and then serving shall be reelected serving, if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified abovein this Section 2, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible to serve as provided herein. For purposes of this Agreement, “Person” shall mean an individual, firm, corporation, partnership, association, limited liability company, trust or any other entity.
Appears in 1 contract
Samples: Voting Agreement (H-Cyte, Inc.)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right then entitled to designate a director as specified abovein Section 4.2, the director previously designated by them such Persons or groups and then serving shall be reelected the designee thereof if still such director shall be then eligible to serve as provided hereinin accordance with Section 4.2.
Appears in 1 contract
Samples: Stockholders’ Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Failure to Designate a Board Member. In the absence of any designation from of Director Designees by the Persons or groups with the right to designate a director as specified abovePUB New Shareholders, the director Director Designees previously designated by them and then serving shall be reelected if still eligible to serve as provided herein.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided herein. Until such designee is chosen, the remaining members of the Board shall continue to operate as a fully functioning Board.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from MPU or the Persons or groups Key Holder. with the right to designate a director directors as specified in Section 5(b) above, the director previously designated by them and then serving shall be reelected if still eligible and willing to serve as provided herein, and otherwise such seat shall remain vacant.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from by the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving on the Board shall be reelected if still eligible and willing to serve as provided hereinherein and, otherwise, such Board seat shall remain vacant.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups Party with the right to designate a director as specified above, the director previously designated by them such Party and then serving shall be reelected if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat shall remain vacant.
Appears in 1 contract
Samples: Shareholder Agreement (Biotime Inc)
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with the right to designate a director as specified above, the director previously designated by them and then serving shall will be reelected if still eligible and willing to serve as provided hereinherein and otherwise, such Board seat will remain vacant.
Appears in 1 contract
Failure to Designate a Board Member. In the absence of any designation from the Persons or groups with Stockholders who have the right to designate a director as specified above, the director previously designated by them and then serving shall be reelected re-elected if still eligible to serve as provided herein.
Appears in 1 contract