Common use of Board Expansion Clause in Contracts

Board Expansion. Pursuant to Section 3.2 of the Company’s Amended and Restated Bylaws, dated June 28, 2022 (the “Bylaws”), the number of directors constituting the Board may be fixed from time to time by the current directors of the Board, and pursuant to Section 3.4 of the Bylaws, any newly created directorships resulting from any increase in the authorized number of directors may be filled by a majority vote of the remaining directors then in office. Promptly following the date hereof, the Board shall increase the size of the Board to seven (7) members, and the Board shall appoint new directors to the four (4) open directorships in the following order: (i) one (1) Stockholder Director as designated by the Initial Stockholder Director; (ii) the Independent Director, as designated by mutual agreement of S▇▇▇▇ and the Initial Stockholder Director (the appointment of a fifth director to the Board, the “Initial Board Composition Event”); and (iii) simultaneously, one (1) Company Director as designated by S▇▇▇▇ and one (1) Stockholder Director as designated by the Initial Stockholder Director.