Common use of Failure to Designate Clause in Contracts

Failure to Designate. In the event that (i) a Stockholder entitled to designate a nominee for the Board is unable to designate such a nominee, or (ii) the designee of a Stockholder resigns, in either case, due to any legal provision or restriction relating to such Stockholder, such Stockholder shall have the right to designate one Person to attend, but not vote at, any meeting of the Board.

Appears in 2 contracts

Sources: Stockholders Agreement (Hayes Wheels International Inc), Stockholders' Agreement (Nomura Holding America Inc Et Al)