Preferred Stock Directors. Notwithstanding anything else contained herein, whenever the holders of one or more classes or series of preferred stock shall have the right, voting separately as a class or series, to elect directors, the election, term of office, filling of vacancies, removal and other features of such directorships shall be governed by the terms of the resolutions applicable thereto adopted by the Board of Directors pursuant to the Certificate of Incorporation, and such directors so elected shall not be subject to the provisions of Sections 3.02, 3.12 and 3.13 of this Article 3 unless otherwise provided therein.
Appears in 2 contracts
Sources: Merger Agreement (Fusion Acquisition Corp.), Agreement and Plan of Reorganization (FTAC Olympus Acquisition Corp.)
Preferred Stock Directors. Notwithstanding anything else contained herein, whenever the holders of one or more classes or series of preferred stock shall have the right, voting separately as a class or series, to elect directors, the election, term of office, filling of vacancies, removal and other features of such directorships shall be governed by the terms of the resolutions applicable thereto adopted by the Board of Directors pursuant to the Certificate of Incorporation, and such directors so elected shall not be subject to the provisions of Sections 3.023.02, 3.12 3.12 and 3.13 3.13 of this Article Article 3 unless otherwise provided therein.
Appears in 2 contracts
Sources: Business Combination Agreement (GS Acquisition Holdings Corp II), Merger Agreement (D8 Holdings Corp.)
Preferred Stock Directors. Notwithstanding anything else contained herein, whenever the holders of one or more classes or series of preferred stock shall have the right, voting separately as a class or series, to elect directors, the election, term of office, filling of vacancies, removal and other features of such directorships shall be governed by the terms of the resolution or resolutions applicable thereto adopted by the Board of Directors pursuant to the Certificate of Incorporation, and such directors so elected shall not be subject to the provisions of Sections 3.023.02, 3.12 3.12 and 3.13 3.13 of this Article Article 3 unless otherwise provided therein.
Appears in 2 contracts
Sources: Bylaws (First Wind Holdings Inc.), Bylaws (First Wind Holdings Inc.)