Common use of Certain Modifications Clause in Contracts

Certain Modifications. Notwithstanding anything to the contrary contained in these By-laws, the following actions taken either directly or indirectly by the Board shall require the affirmative vote of not less than 75% of the Whole Board: (i) any change in the size of the Board; and (ii) any proposal to amend these By-laws to be submitted to the stockholders of the Corporation by the Board.

Appears in 2 contracts

Sources: Merger Agreement (America Online Inc), Merger Agreement (Time Warner Inc/)