Common use of Illustrative Examples Clause in Contracts

Illustrative Examples. Matters to which the voting arrangements described in Section 1 of this Agreement are applicable include, but are not limited to, the following, which are presented here solely by way of example: (a) Election, replacement or removal of any or all directors of the Company (each, a “Director”); (b) Sale, lease, exchange or other disposition of all or substantially all of the Company’s assets, provided, that any distribution to the stockholders of the Company of the proceeds of such sale or disposition are made in accordance with the Company’s certificate of incorporation, as then in effect; (c) Mergers of, or acquisitions by, the Company or its subsidiaries that are submitted for approval by stockholders of the Company; and (d) Adoption by the Company of a rights plan or similar takeover defensive arrangements, or amendments thereof, or approval or ratification by the Company’s stockholders of any such plan or amendment adopted by the Company upon the approval of its board of directors.

Appears in 3 contracts

Sources: Voting Agreement (SmileDirectClub, Inc.), Voting Agreement (SmileDirectClub, Inc.), Voting Agreement (SmileDirectClub, Inc.)