Common use of Number and Appointment Clause in Contracts

Number and Appointment. The Board will initially consist of three Managers and, subject to Sections 5.2(b), 5.2(d) and 5.2(e), will be comprised of the following Persons: (i) one Manager designated by the SB Member, who initially will be ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (the “SB Manager”); (ii) one Manager designated by the Symbotic Member, who initially will be ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (the “Symbotic Manager”); and (iii) one independent (vis-à-vis each Initial Member to the extent such Initial Member remains a Major Investor, and who would otherwise, if a director of a listed issuer, qualify as an “independent director” under the listing standards of NASDAQ and Rule 10A-3(b)(ii) of the Securities Exchange Act) Manager (the “Independent Manager”) designated by the unanimous written consent of the Initial Members to the extent such Initial Member remains a Major Investor, who will initially be appointed as promptly as practicable following the Effective Date; provided that if only one Initial Member remains a Major Investor then the Independent Manager shall be designated pursuant to Section 5.2(e).

Number and Appointment. The As of the Effective Date, the Board will initially consist consists of three five Managers and, subject to Sections 5.2(b), 5.2(d) and 5.2(e), will be is comprised of the following Persons: (i) one Manager two Managers designated by the SB Member, who initially will be ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ (the “SB ManagerManagers”); (ii) one Manager two Managers designated by the Symbotic Member, who initially will be ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇ (the “Symbotic ManagerManagers”); and (iii) one independent (vis-à-vis each Initial Member to the extent such Initial Member remains a Major Investor, and who would otherwise, if a director of a listed issuer, qualify as an “independent director” under the listing standards of NASDAQ and Rule 10A-3(b)(ii) of the Securities Exchange Act) Manager (the “Independent 4859-2554-6723 v.3 Manager”) designated by the unanimous written consent of the Initial Members to the extent such Initial Member remains a Major Investor, who initially will initially be appointed as promptly as practicable following the Effective Date▇▇▇ ▇▇▇▇▇▇; provided that if only one Initial Member remains a Major Investor then the Independent Manager shall be designated pursuant to Section 5.2(e).