Common use of Number of Directors Clause in Contracts

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.

Appears in 4 contracts

Samples: Joinder Agreement (LMF Acquisition Opportunities Inc), Business Combination Agreement (Digerati Technologies, Inc.), Joinder Agreement (LMF Acquisition Opportunities Inc)

AutoNDA by SimpleDocs

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsStock, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with exclusively pursuant to a resolution adopted by the by-laws affirmative vote of a majority of the Corporation. No decrease in the total number of directors constituting that the whole board shall shorten Corporation would have if there were no vacancies (the term of any incumbent director“Whole Board”).

Appears in 3 contracts

Samples: Investment Agreement (SilverSun Technologies, Inc.), Separation and Distribution Agreement (Vestis Corp), Separation and Distribution Agreement (Aramark)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with solely by the by-laws Board; provided, however, that prior to the Voting Threshold Date, unless otherwise approved by the Requisite Stockholder Consent, the number of the Corporationdirectors shall not exceed nine (9). No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 2 contracts

Samples: Business Combination Agreement (HighCape Capital Acquisition Corp.), Business Combination Agreement (HighCape Capital Acquisition Corp.)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with by resolution adopted by the by-laws affirmative vote of a majority of the CorporationWhole Board. No decrease in For purposes of this Certificate of Incorporation, the term “Whole Board” shall mean the total number of authorized directors constituting the whole board shall shorten the term of whether or not there exist any incumbent directorvacancies in previously authorized directorships.

Appears in 1 contract

Samples: Conversion Agreement (Express Parent LLC)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with exclusively pursuant to a resolution adopted by the by-laws affirmative vote of a majority of the Corporation. No decrease in the total number of directors constituting that the whole board shall shorten Corporation would have if there were no vacancies (the term of any incumbent director“Whole Board”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Arconic Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with by the by-laws Board; provided, further, that unless otherwise approved by the Requisite Stockholder Consent, the number of the Corporationdirectors shall not exceed 7. No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Longview Acquisition Corp.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directorsadditional directors under specified circumstances, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the total number of directors constituting the whole board Whole Board shall shorten be fixed from time to time exclusively by resolution adopted by a majority of the term of any incumbent directorWhole Board.

Appears in 1 contract

Samples: Agreement and Plan of Merger (890 5th Avenue Partners, Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute of the Board of Directors Corporation shall be fixed solely and exclusively by the Board of Directors resolution duly adopted from time to time in accordance with by the by-laws of the CorporationBoard. No decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Oaktree Acquisition Corp.)

AutoNDA by SimpleDocs

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of the directors which shall constitute of the Board of Directors Corporation shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws by a majority of the CorporationBoard. No For the avoidance of doubt, no decrease in the number of directors constituting the whole board Board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Ivanhoe Capital Acquisition Corp.)

Number of Directors. Subject to the special any rights of the holders of any class or series of Preferred Stock to elect directorsadditional directors under specified circumstances or otherwise, the number of directors which shall constitute the Board of Directors shall initially be [●] and, thereafter, shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws exclusively by resolution of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent directorBoard.

Appears in 1 contract

Samples: Agreement and Plan of Merger (BioScrip, Inc.)

Number of Directors. Subject to the special rights of the holders of any series of Preferred Stock to elect directors, the number of directors which shall constitute the Board of Directors shall be fixed exclusively by the Board of Directors from time to time in accordance with the by-laws Bylaws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.

Appears in 1 contract

Samples: Business Combination Agreement (Concord Acquisition Corp III)

Number of Directors. Subject to the special rights of the holders of any class or series of Preferred Stock to elect directorspreferred stock, if any, the number of directors which Directors shall constitute be fixed from time to time exclusively pursuant to a resolution adopted by a majority of the entire Board of Directors, but the Board of Directors shall be fixed exclusively by the Board at no time consist of Directors from time to time in accordance with the by-laws of the Corporation. No decrease in the number of directors constituting the whole board shall shorten the term of any incumbent director.fewer than three (3)

Appears in 1 contract

Samples: Metlife Policyholder Trust Agreement (Metlife Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.