Common use of Replacement Nominees Clause in Contracts

Replacement Nominees. If at any time during the ▇▇▇▇▇▇▇ Investor Representation Period either of the ▇▇▇▇▇▇▇ Nominees is or becomes unwilling or unable to serve as a nominee or, following such person’s appointment or election, as a director of the Company, the ▇▇▇▇▇▇▇ Investors shall be entitled to appoint a replacement nominee or director, as the case may be; provided that no breach of the terms hereof on the part of the ▇▇▇▇▇▇▇ Investors has occurred and is continuing; provided further that, such replacement nominee or director, as the case may be, shall be subject to the director candidate processes of, and shall be reasonably acceptable to, the Compensation and Corporate Governance Committee; and provided further that at the time of the appointment of such replacement nominee, the ▇▇▇▇▇▇▇ Investors are beneficial owners of at least five percent (5%) of the Company’s outstanding shares of Common Stock. Any such replacement nominee or director, as the case may be, shall be deemed to be a ▇▇▇▇▇▇▇ Nominee for the purposes of this Agreement and shall execute a supplement in the same form and substance as this Agreement.

Replacement Nominees. If at any time during the ▇B▇▇▇▇▇▇ Investor Representation Period either of the ▇B▇▇▇▇▇▇ Nominees is or becomes unwilling or unable to serve as a nominee or, following such person’s appointment or election, as a director of the Company, the ▇B▇▇▇▇▇▇ Investors shall be entitled to appoint a replacement nominee or director, as the case may be; provided that no breach of the terms hereof on the part of the ▇B▇▇▇▇▇▇ Investors has occurred and is continuing; provided further that, such replacement nominee or director, as the case may be, shall be subject to the director candidate processes of, and shall be reasonably acceptable to, the Compensation and Corporate Governance Committee; and provided further that at the time of the appointment of such replacement nominee, the ▇B▇▇▇▇▇▇ Investors are beneficial owners of at least five percent (5%) of the Company’s outstanding shares of Common Stock. Any such replacement nominee or director, as the case may be, shall be deemed to be a ▇B▇▇▇▇▇▇ Nominee for the purposes of this Agreement and shall execute a supplement in the same form and substance as this Agreement.