Common use of Newly Created Directorships and Vacancies Clause in Contracts

Newly Created Directorships and Vacancies. Subject to Section 5.5 hereof, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided, that, any vacancy created by the removal of a director pursuant to Section 5.4 during the Specified Period may be filled by the stockholders of the Corporation holding a majority of the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directors.

Newly Created Directorships and Vacancies. Subject to Section 5.5 hereof5.5, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely ​ and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, quorum or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided, that, any vacancy created by removal and Section 10.13(c). In the removal event of a director pursuant to Section 5.4 during vacancy on the Specified Period may be filled Board, the remaining directors, except as otherwise provided by law, shall exercise the stockholders powers of the Corporation holding a majority of full board until the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directorsvacancy is filled.

Newly Created Directorships and Vacancies. Subject to Section 5.5 hereof, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely by a majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided, that, any vacancy created by . In the removal event of a director pursuant to Section 5.4 during vacancy on the Specified Period may be filled Board, the remaining directors, except as otherwise provided by law, shall exercise the stockholders powers of the Corporation holding a majority of full Board until the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directorsvacancy is filled.

Newly Created Directorships and Vacancies. Subject to (a) Section 5.5 hereofhereof and (b) the provisions of the Investor Rights Agreement, any newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely by a the majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy vacancies occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided. In the event of vacancies on the Board, thatthe remaining directors, any vacancy created except as otherwise provided by law, shall exercise the removal of a director pursuant to Section 5.4 during the Specified Period may be filled by the stockholders powers of the Corporation holding a majority of full Board until the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directorsvacancy is filled.

Newly Created Directorships and Vacancies. Subject to Section 5.5 hereof5.5, newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely and exclusively by a majority vote of the remaining directors then in office, even if less than a quorum, quorum or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for the remainder of the full term of the class of directors to which the new directorship was added or in which the vacancy occurred and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided, that, any vacancy created by . In the removal event of a director pursuant to Section 5.4 during vacancy on the Specified Period may be filled Board, the remaining directors, except as otherwise provided by law, shall exercise the stockholders powers of the Corporation holding a majority of full board until the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directorsvacancy is filled.

Newly Created Directorships and Vacancies. Subject to (a) Section 5.5 hereofhereof and (b) the provisions of the Investor Rights Agreement, any newly created directorships resulting from an increase in the number of directors and any vacancies on the Board resulting from death, resignation, retirement, disqualification, removal or other cause may be filled solely by a the majority vote of the remaining directors then in office, even if less than a quorum, or by a sole remaining director (and not by stockholders), and any director so chosen shall hold office for until the remainder next annual meeting of the full term of the class of directors to which the new directorship was added stockholders (or special meeting in which the vacancy occurred lieu thereof) and until his or her successor has been elected and qualified, subject, however, to such director’s earlier death, resignation, retirement, disqualification or removal; provided. In the event of vacancies on the Board, thatthe remaining directors, any vacancy created except as otherwise provided by law, shall exercise the removal of a director pursuant to Section 5.4 during the Specified Period may be filled by the stockholders powers of the Corporation holding a majority of full Board until the voting power of all then outstanding shares of capital stock of the Corporations entitled to vote generally in the election of directorsvacancy is filled.