Common use of Number and Election Clause in Contracts

Number and Election. The number of directors which shall constitute the first Board of Directors shall be the number elected by the Incorporator. The number of directors which shall constitute all subsequent Boards of Directors shall be specified by resolution of the Board of Directors. The directors shall be elected at the annual meeting of the stockholders, except as provided in Section 3 of this Article III and except that the first directors of the Corporation shall be elected by the Incorporator and each director shall hold office until his successor is elected and qualified or until his earlier resignation or removal. Directors need not be stockholders.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kythera Biopharmaceuticals Inc), Agreement and Plan of Merger (Allergan PLC), Agreement and Plan of Merger (Allergan PLC)

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Number and Election. The number of directors shall not be less than one and not more than seven, until changed by amendment of the Bylaws, which amendment must be duly adopted by a vote of a majority of the outstanding shares of the corporation. The initial number of directors which shall constitute the first Board of Directors shall be the number elected by the Incorporatorthree. The number of directors which shall constitute all subsequent Boards of Directors shall be specified by resolution of the Board of Directors. The directors shall be elected at the annual meeting of the stockholders, except as provided in Section 3 of this Article III and except that the first directors of the Corporation shall be elected by the Incorporator and each director shall hold office until his successor is elected and qualified or until his earlier resignation or removal. Directors need not be stockholders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Repros Therapeutics Inc.)

Number and Election. The number of directors which shall constitute the first Board initial board of Directors directors shall be the number elected by the Incorporator. The number of directors which shall constitute all subsequent Boards of Directors boards shall be specified by resolution of the Board board of Directorsdirectors. The directors shall be elected at the annual meeting of the stockholders, except as provided in Section 3 of this Article III and except that the first directors of the Corporation shall be elected by the Incorporator and each director shall hold office until his successor is elected and qualified or until his earlier resignation or removal. Directors need not be stockholders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ardea Biosciences, Inc./De)

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Number and Election. The number of directors which shall constitute the first Board initial board of Directors directors shall be the number elected by the Incorporatortwo (2). The number of directors which shall constitute all subsequent Boards boards of Directors directors shall be specified by resolution of the Board board of Directorsdirectors. The directors shall be elected at the annual meeting of the stockholders, except as provided in Section 3 of this Article III and except that the first initial directors of the Corporation shall be elected by the Incorporator of the Corporation, as set forth in the Certificate of Incorporation, and each director shall hold office until his or her successor is elected and qualified or until his or her earlier resignation or removal. Directors need not be stockholders.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Leaf Group Ltd.)

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