Common use of Change in Board Control Clause in Contracts

Change in Board Control. During a consecutive 2-year period commencing after the date of this Agreement, individuals who constituted the Board at the beginning of the period cease for any reason to constitute a majority of the Board. In determining whether such a change in Board membership has occurred, any Approved Replacement Director shall be treated as if he/she had been a director at the beginning of the two-year period. For purposes of this Section, "Approved Replacement Director" shall mean a director whose election (or nomination for election) was approved by a vote of at least two-thirds of the directors then still in office who either were directors at the beginning of the two-year period or were themselves Approved Replacement Directors.

Appears in 1 contract

Sources: Executive Employment Agreement (Lodgian Inc)

Change in Board Control. During a consecutive 2-year period commencing after the date of this AgreementJuly 15, 2005, individuals who constituted the Board of Directors at the beginning of the period cease for any reason to constitute a majority of the BoardBoard of Directors. In determining whether such a change in Board of Directors membership has occurred, any Approved Replacement Director shall be treated as if he/she had been a director at the beginning of the two-year period. For purposes of this Section, "Approved Replacement Director" shall mean a director whose election (or nomination for election) was approved by a vote of at least two-thirds of the directors then still in office who either were directors at the beginning of the two-year period or were themselves Approved Replacement Directors.

Appears in 1 contract

Sources: Executive Employment Agreement (Lodgian Inc)

Change in Board Control. During a consecutive 2-year period commencing after the date of this AgreementJuly 15, 2005, individuals who constituted the Board at the beginning of the period cease for any reason to constitute a majority of the Board. In determining whether such a change in Board membership has occurred, any Approved Replacement Director shall be treated as if he/she had been a director at the beginning of the two-year period. For purposes of this Section, "Approved Replacement Director" shall mean a director whose election (or nomination for election) was approved by a vote of at least two-thirds of the directors then still in office who either were directors at the beginning of the two-year period or were themselves Approved Replacement Directors.

Appears in 1 contract

Sources: Executive Employment Agreement (Lodgian Inc)