Common use of Board Size Clause in Contracts

Board Size. The holders of Investor Shares and Common Holder Shares shall vote at a regular or special meeting of stockholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five (5) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 hereof.

Board Size. The holders of Investor Shares and Common Holder Founder Shares shall vote at a regular or special meeting of stockholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five four (54) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 hereof.

Board Size. The holders of the Investor Shares and the Common Holder Shares shall vote at a regular or special meeting of stockholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five seven (57) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 3(c) hereof.

Board Size. The holders of Investor Shares and Common Holder Shares shall vote at a regular or special meeting of stockholders shareholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five six (56) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 16 hereof." (c) Section 3 of the Original Agreement shall be amended by the addition of the following text:

Board Size. The holders of Investor Shares and Common Holder Shares shall vote at a regular or special meeting of stockholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five seven (57) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment or waiver of this Agreement in accordance with Section 15 hereof16 hereof and the Company’s Restated Certificate of Incorporation, as applicable.

Board Size. The holders of Investor Shares and Common Holder Shares shall vote at a regular or special meeting of stockholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board and the Subsidiary Board shall be set and remain at five (5) directors; provided, however, that the size of each such Board size board may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 17 hereof.

Board Size. The holders of Investor Shares and Common Holder Shares shall vote at a regular or special meeting of stockholders shareholders (or by written consent) such shares that they own (or as to which they have voting power) to ensure that the size of the Board shall be set and remain at five (5) directors; provided, however, that such Board size may be subsequently increased by one (1) pursuant to Hitachi’s election of a director of the Company under Section 3(d) hereof or subsequently increased or decreased pursuant to an amendment of this Agreement in accordance with Section 15 16 hereof.