Board Expansion. So long as either (i) the Berkshire Stockholders shall own at least forty percent (40%) of the Shares (including vested Time Options and earned Performance Options) or (ii) the Berkshire Stockholders collectively own more Shares (including vested Time Options and vested and earned Performance Options) than the Management Stockholders or any other single stockholder, the Berkshire Stockholder may at any time require, by written notice to the other Stockholders (the "Increase Notice"), that the number of directors constituting the Board of Directors be increased by four (4). The Berkshire Stockholders shall have the right to designate such additional directors. If the Increase Notice is given by the Berkshire Stockholders, the nomination of the Outside Representatives as set forth in Section 2.5(a)(iii) above shall no longer require the approval of the other stockholders. Each Stockholder agrees that such Stockholder and its Permitted Transferees shall take all action as may be necessary or appropriate, including without limitation, the voting of all Shares owned by them, to so increase the number of directors constituting the Board of Directors and to elect the directors so designated by the Berkshire Stockholders.
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Board Expansion. So long as either (i) the Berkshire Stockholders shall own at least forty percent (40%) of the Shares (including vested Time Options and vested and earned Performance Options) or (ii) the Berkshire Stockholders collectively own more Shares (including vested Time Options and vested and earned Performance Options) than the Management Stockholders or any other single stockholder, the Berkshire Stockholder Stockholders may at any time require, by written notice to the other Stockholders (the "Increase Notice"), that the number of directors constituting the Board of Directors be increased by four two (42). The Berkshire Stockholders shall have the right to designate such additional directors. If the Increase Notice is given by the Berkshire Stockholders, the nomination of the Outside Representatives as set forth in Section 2.5(a)(iii) above shall no longer require the approval of the other stockholders. Each Stockholder Stockholders agrees that such Stockholder and its Permitted Transferees shall take all action as may be necessary or appropriate, including without limitation, the voting of all Shares owned by them, to so increase the number of directors constituting the Board of Directors and to elect select the directors so designated by the Berkshire Stockholders.
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