Common use of Replacement Nominees Clause in Contracts

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, unless such proposed replacement is one of the four individuals nominated by the B▇▇▇▇▇▇ Investors in the Nomination Letter (each of whom shall be deemed acceptable), such replacement nominee or director, as the case may be, shall be reasonably acceptable to the Governance/Nominating Committee. 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.

Replacement Nominees. If at any time during the BBreeden Investor Representation Period either of the Breeden N▇▇▇▇▇▇▇ Investor Representation Period either of the B▇▇▇▇▇▇ Nominees is or becomes unwilling or unable to serve as a nominee ▇ ▇▇▇▇nee or, following such person’s 's appointment or election, as a director of the Company, the B▇▇▇▇▇▇ Breeden Investors shall be entitled to appoint a replacement nominee ▇▇▇▇▇ee or director, as the case may be; provided that no breach of the terms hereof on the part of the BBreeden Investors h▇▇ ▇▇▇▇▇▇ Investors has occurred rred and is continuing; provided further that, unless such proposed replacement is one of the four individuals nominated by the B▇▇▇▇▇▇ Breeden Investors in the Nomination Letter (each of whom shall w▇▇▇ ▇▇all be deemed acceptable), such replacement nominee or director, as the case may be, shall be reasonably acceptable to the Governance/Nominating Committee. Any such replacement nominee or director, as the case may be, shall be deemed to be a B▇▇▇▇▇▇ Breeden Nominee for the purposes of this Agreement.