Family Representative. Each Family Stockholder hereby designates and appoints (and each Permitted Transferee of each such Family Stockholder is hereby deemed to have so designated and appointed) Jxxxxxx X. Xxxxx and, in the case of his inability to act, Wxxxxxx X. Xxxxx (the “Family Representative”), as its attorney-in-fact with full power of substitution for each of them, to serve as the representative of such Family Stockholder to perform all such acts as are required, authorized or contemplated by this Agreement to be performed by such Family Stockholder (including the voting of the Subject Shares in accordance with Sections 3.1(a) and (b)), and hereby acknowledges that the Family Representative shall be authorized to take any action so required, authorized or contemplated by this Agreement. Each such Family Stockholder further acknowledges that the foregoing appointment and designation shall be deemed to be coupled with an interest and shall survive the death or incapacity of such Family Stockholder. Each such Family Stockholder hereby authorizes (and each such Permitted Transferee of such Family Stockholder shall be deemed to have authorized) the other parties hereto to disregard any notices or other action taken by such Family Stockholder pursuant to this Agreement, except for notices and actions taken by the Family Representative. Riverwood is and will be entitled to rely on any action so taken or any notice given by any Family Representative and is and will be entitled and authorized to give notices only to the Family Representative for any notice contemplated by this Agreement to be given to any such Family Stockholder. A successor to the Family Representative may be chosen by the holders of a majority of the shares held by the Family Stockholders; provided that notice thereof is given by the new Family Representative to Riverwood.
Family Representative. Each Shareholder hereby authorizes, directs and appoints Xxxxx X. Xxxxxx to act as sole and exclusive agent, attorney-in-fact and representative (the “Family Representative”), and authorizes and directs the Family Representative, to take any and all actions (including, without limitation, designating the Family Designee) on behalf of such Shareholder pursuant to Article I of this Agreement and exercise such rights, power and authority as are incidental to the foregoing. In the event of the death, disability, resignation or other inability to act of Xxxxx X. Xxxxxx, then each Shareholder hereby authorizes, directs and appoints Xxxxxxx Xxxxxxx as successor Family Representative. Any such actions taken, exercises of rights, power or authority, and any decision or determination made by the Family Representative consistent therewith, shall be absolutely and irrevocably binding on each Shareholder as if such Shareholder personally had taken such action, exercised such rights, power or authority or made such decision or determination in such Shareholder’s capacity. Each Shareholder agrees that the Family Representative shall not be liable for any actions taken or omitted to be taken under or in connection with this Agreement, except for such actions taken or omitted to be taken resulting from the Family Representative’s willful misconduct.
Family Representative. Anyone who has a meaningful connection with 27 the Participant and is seen by the Participant as significant and supportive.
Family Representative. Family Representative" shall mean the member of each Family Subgroup that is appointed by the Family Subgroup's members to be their Family Representative and for whom written notice of such appointment has been delivered to the Company. The initial Family Representatives shall be as follows: with respect to the Deshe Family Subgroup, Ari; with respect to the Diamond Family Subgroup, Xxx; and with respect to the Schottenstein Family Subgroup, Xxx Xxxxxxxxxxxxx.
Family Representative. Each Family Shareholder constitutes and appoints Crandall Close Bowles, or any successor as determined by the followixx xxxxxnce, as xxx, her or its representative and agent in connection with this Agreement (the "Family Representative") and hereby grants unto said Family Representative full power and authority to do and perform each and every act and thing specified in this Agreement to be done or performed by the Family Representative; provided that nothing herein shall preclude the Family Representative from entering into separate agreements with any Family Shareholder for the purpose of allocating any rights of the Family Shareholders among the Family Shareholders; provided, however, that no such agreement may relieve any Family Shareholder of its obligations as a Shareholder hereunder. Family Shareholders holding a majority of the shares of Company Common Stock held by all Family Shareholders may, at any time, replace the then current Family Representative with a successor Family Representative by providing written notice of such succession to the Company and the Investor Representative.
