Common use of Failure to Nominate Clause in Contracts

Failure to Nominate. In the event of a termination of the Participant’s service as a Director of the Company on the date of the applicable annual stockholders meeting of the Company due to a Failure to Nominate (which, for the avoidance of doubt, will not be determinable until the date of the applicable annual stockholders meeting of the Company) prior to the final Vesting Date, any unvested RSUs (and any dividend equivalents accrued thereon pursuant to this Agreement) shall become immediately fully vested and settled in accordance with Section 2 above.