Common use of Voting and Consent Rights Clause in Contracts

Voting and Consent Rights. Holders of Preferred Stock shall vote on all matters submitted to holders of Common Stock with each share of Preferred Stock representing such number of votes as is equal to the number of shares of Common Stock into which it is convertible after taking into effect the Common Stock Limit. For the avoidance of doubt, the organizational documents of Parent will contain customary voting cutback provisions that will limit the voting rights of the Investor and its affiliates to no greater than 9.9% of the total combined voting power of the issued Preferred Stock and Common Stock. Except as provided in the following paragraph or by law, the holders of Preferred Stock and Common Stock shall vote together as a single class. For so long as the issued Preferred Stock remains outstanding, the written consent of the holders of a majority of the outstanding shares of Preferred Stock shall be required for the following, subject to certain customary exceptions and thresholds to be agreed upon by the parties: