Common use of Continued Representation Clause in Contracts

Continued Representation. If the number of directors is increased, then, to the greatest degree possible (as determined by the Board in good faith), each Investor or group of Investors that is entitled to designate one or more directors shall be afforded the opportunity to designate a larger number of directors, such that the proportion of directors that such Investor or group of Investors is entitled to designate shall remain the same. Notwithstanding the foregoing, should any Investor or group of Investors having the right to designate one or more directors pursuant to this Article 5 cease to own (together with its Affiliates) a number of Shares equal to or greater than five percent (5%) of the capital stock of the Company on a fully diluted basis, such Investor or group of Investors shall cease to be entitled to designate directors pursuant to this Article 5. 5.3.

Appears in 1 contract

Sources: Investor Rights Agreement

Continued Representation. If the number of directors is increased, then, to the greatest degree possible (as determined by the Board in good faith), each Investor or group of Investors that is entitled to designate one or more directors shall be afforded the opportunity to designate a larger number of directors, such that the proportion of directors that such Investor or group of Investors is entitled to designate shall remain the same. Notwithstanding the foregoing, should any Investor or group of Investors having the right to designate one or more directors pursuant to this Article 5 cease to own (together with its Affiliates) a number of Shares equal to or greater than five percent (5%) of the capital stock of the Company on a fully diluted basis, such Investor or group of Investors shall cease to be entitled to designate directors pursuant to this Article 5. 5.3.

Appears in 1 contract

Sources: Investor Rights Agreement (Gomez Inc)