Common use of Preferred Stock Directors Clause in Contracts

Preferred Stock Directors. During any period when the holders of any series of Preferred Stock have the right to elect additional directors as provided for or fixed pursuant to and in accordance with the provisions of Article IV hereof or any Preferred Stock Designation, then upon commencement and for the duration of the period during which such right continues: (i) the then otherwise total number of authorized directors of the Corporation shall automatically be increased by such specified number of directors, and the holders of such Preferred Stock shall be entitled to elect the additional directors so provided for or fixed pursuant to said provisions, and (ii) each such additional director shall serve until such director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his earlier death, disqualification, resignation or removal. Except as otherwise provided for or fixed pursuant to and in accordance with the provisions of Article IV hereof or any Preferred Stock Designation, whenever the holders of any series of Preferred Stock having such right to elect additional directors are divested of such right pursuant to the provisions of such stock, all such additional directors elected by the holders of such stock, or elected or appointed to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors shall automatically cease to be qualified as directors, the terms of office of all such directors shall forthwith terminate and the total authorized number of directors of the Corporation shall be reduced accordingly.

Preferred Stock Directors. Notwithstanding the provisions of this Article VI, whenever the holders of one or more series of Preferred Stock shall have the right, voting separately or together by series, to elect directors at an annual or special meeting of stockholders, the election, term of office, filling of vacancies and other features of such directorship shall be subject to the rights of such series of Preferred Stock. During any period when the holders of any series of Preferred Stock Stock, voting separately as a series or together with one or more series, have the right to elect additional directors as provided for or fixed pursuant to and in accordance with the provisions of Article IV hereof or any Preferred Stock Designationdirectors, then upon commencement and for the duration of the period during which such right continues: (ia) the then otherwise total authorized number of authorized directors of the Corporation shall automatically be increased by such specified number of directors, and the holders of such Preferred Stock shall be entitled to elect the additional directors so provided for or fixed pursuant to said provisions, ; and (iib) each such additional director shall serve until such director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his or her earlier death, disqualificationresignation, resignation disqualification or removal. Except as otherwise provided for by the Board in the resolution or fixed pursuant to and in accordance with the provisions of Article IV hereof or any Preferred Stock Designationresolutions establishing such series, whenever the holders of any series of Preferred Stock having such right to elect additional directors are divested of such right pursuant to the provisions of such stock, the terms of office of all such additional directors elected by the holders of such stock, or elected or appointed to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors directors, shall automatically forthwith terminate (in which case each such director thereupon shall cease to be qualified as directorsas, the terms of office of all such directors and shall forthwith terminate cease to be, a director) and the total authorized number of directors of the Corporation shall automatically be reduced accordingly.

Preferred Stock Directors. During any period when the holders of any series of Preferred Stock Stock, voting separately as a series or together with one or more other such series, have the right to elect additional directors as provided for or fixed pursuant to and in accordance with the provisions of Article IV hereof or this Certificate of Incorporation (including any certificate of designation with respect to any series of Preferred Stock DesignationStock) in respect of such series, then upon commencement and for the duration of the period during which such right continues: (i) the then otherwise total authorized number of authorized directors of the Corporation shall automatically be increased by such specified number of directors, and the holders of such series of Preferred Stock shall be entitled to elect the additional directors so provided for or fixed pursuant to said provisions, ; and (ii) each such additional director shall serve until such director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his or her earlier death, disqualificationresignation, resignation retirement, disqualification or removal. Except as otherwise provided for by the Board of Directors in the resolution or fixed pursuant to and in accordance with the provisions of Article IV hereof or any Preferred Stock Designationresolutions establishing such series, whenever the holders of any series of Preferred Stock having such right to elect additional directors are divested of such right pursuant to the provisions of such stock, the terms of office of all such additional directors elected by the holders of such stock, or elected or appointed to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors directors, shall automatically forthwith terminate (in which case each such director shall thereupon cease to be qualified as directorsas, the terms of office of all such directors and shall forthwith terminate cease to be, a director) and the total authorized number of directors of the Corporation shall be automatically reduced accordingly.

Preferred Stock Directors. During any period when the holders of any one or more series of Preferred Stock have the separate right to elect additional directors as provided for or fixed pursuant to and in accordance with the provisions of Article IV ‎Article IV, Section 4.03 hereof or (including any certificate of designation) (a “Preferred Stock DesignationDirector”), then and upon commencement and for the duration of the period during which such right continues: (i) the then otherwise total authorized number of authorized directors of the Corporation shall automatically be increased by such specified number of directorsdirectors that the holders of any series of Preferred Stock have a right to elect, and the holders of such Preferred Stock shall be entitled to elect the additional directors so provided for or fixed pursuant to said provisions, ; and (ii) each such additional director Preferred Stock Director shall serve until such directorPreferred Stock Director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his or her earlier death, disqualificationresignation, resignation disqualification or removal. Except as otherwise provided for or fixed pursuant to and in accordance with the provisions of Article IV IV, Section 4.03 hereof or (including any Preferred Stock Designationcertificate of designation), whenever the holders of any one or more series of Preferred Stock having such a separate right to elect additional directors cease to have or are otherwise divested of such right pursuant to said provisions, the provisions terms of such stock, office of all such additional directors Preferred Stock Directors elected by the holders of such stockseries of Preferred Stock, or elected or appointed to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors directors, shall automatically forthwith terminate (in which case each such Preferred Stock Director shall cease to be qualified as directors, the terms of office of all such directors a director and shall forthwith terminate cease to be a director) and the total authorized number of directors of the Corporation shall be automatically reduced accordingly.

Preferred Stock Directors. During Notwithstanding any period when other provision of this Article VII, and except as otherwise required by law, whenever the holders of any one or more series of the Preferred Stock shall have the right right, voting separately by class or series, to elect additional directors as provided for one or fixed pursuant to and in accordance with more directors, the provisions of Article IV hereof or any Preferred Stock Designation, then upon commencement and for the duration of the period during which such right continues: (i) the then otherwise total number of authorized directors of constituting the Corporation entire board shall automatically be increased by such specified number of directorsdirectors and the term of office, the filling of vacancies, the removal from office and other features of such directorships shall be governed by the terms of such series of the Preferred Stock as set forth in this Second Amended and Restated Certificate, including any Preferred Stock Designation, and such directors shall not be included in any of the holders of such Preferred Stock shall be entitled to elect the additional directors so provided for or fixed classes created pursuant to said provisions, and (ii) each this Article VII unless expressly provided by such additional director shall serve until such director’s successor shall have been duly elected and qualified, or until such director’s right to hold such office terminates pursuant to said provisions, whichever occurs earlier, subject to his earlier death, disqualification, resignation or removalterms. Except as otherwise provided for or fixed pursuant to and in accordance with the provisions of Article IV hereof or any a Preferred Stock Designation, whenever the holders of any series of Preferred Stock having such right to elect additional directors are divested of such right pursuant to the provisions of such stock, the terms of office of all such additional directors elected by the holders of such stock, or elected or appointed to fill any vacancies resulting from the death, resignation, disqualification or removal of such additional directors directors, shall automatically forthwith terminate (in which case each such director thereupon shall cease to be qualified as directorsas, the terms of office of all such directors and shall forthwith terminate cease to be, a director) and the total authorized number of directors of the Corporation shall automatically be reduced accordingly.