Common use of Removal by Stockholders Clause in Contracts

Removal by Stockholders. Subject to any contractual restrictions binding on the corporation, any Director or one or more of the incumbent Directors of the corporation may be removed from office by a vote of stockholders representing not less than two-thirds of the voting power of the issued and outstanding stock entitled to voting power, in which event the vacancy or vacancies so created shall be filled by a majority of the remaining Directors, though less than a quorum, as provided in Section 2 of this Article.

Appears in 3 contracts

Samples: Business Financing Agreement (Rimini Street, Inc.), Business Financing Modification Agreement (Rimini Street, Inc.), Business Financing Modification Agreement (Rimini Street, Inc.)

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Removal by Stockholders. Subject to any contractual restrictions binding on Unless otherwise restricted by law or by the corporationCertificate of Incorporation, any Director director or one or more the entire Board of the incumbent Directors of the corporation may be removed from office by removed, with or without cause, at a vote duly held meeting of stockholders representing not less than two-thirds by the holders of the voting power of the issued and outstanding stock entitled to voting power, in which event the vacancy or vacancies so created shall be filled by a majority of the remaining Directors, though less than a quorum, as provided in Section 2 shares of this Articleoutstanding capital stock of the Corporation then entitled to vote on the election of directors.

Appears in 1 contract

Samples: Agreement of Merger (Us Search Corp Com)

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Removal by Stockholders. Subject to any contractual restrictions binding on the corporation, any Any Director or one or more of the incumbent Directors of the corporation corporatkin may be removed from office by a vote of stockholders representing not less than two-thirds of the voting power of the issued and outstanding stock entitled to voting powerpower (or such higher amount as may be set forth in the Articles of Incorporation), in which event the vacancy or vacancies so created shall be filled by a majority of the remaining Directors, though less than a quorum, as provided in Section 2 of this Article. Notwithstanding the foregoing, in the event that any class or series of stockholders is entitled to elect one or more Directors, only the approval of the holders of the applicable proportion of such class or series is required to remove such Director(s) and not the votes of the outstanding shares as a whole.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Havana Group Inc)

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