Common use of Designation of Director Clause in Contracts

Designation of Director. (a) From and after the Closing, the Stockholders Agent shall have the right to designate one Person of the Stockholders Agent's choice for appointment or nomination for election to Mariner's Board of Directors and, subject to the appointment or election of such Person in accordance with Mariner's certificate of incorporation and bylaws, to serve until his successor (designated by the Stockholders Agent) is duly appointed or elected. The Stockholders Agent shall not designate a Person to be appointed or nominated for election to Mariner's Board of Directors who is not reasonably acceptable to Mariner. At any time a Person who was a designee of the Stockholders Agent at the time of his appointment or election to Mariner's Board of Directors remains a member of Mariner's Board of Directors, the Stockholders Agent shall not have the right to designate another Person to be appointed or nominated for election to Mariner's Board of Directors.