Stockholder Approval. The Plan will be subject to approval by the stockholders of the Company within twelve (12) months after the date the Plan is adopted by the Board. Such stockholder approval will be obtained in the manner and to the degree required under Applicable Laws.
This Plan shall be subject to approval by the shareholders of the Company within 12 months from the date the Plan is adopted by the Companys Board for any and all intended Incentive Stock Options granted hereunder. Such shareholder approval shall be obtained in the degree and manner required under Applicable Laws. The Administrator may grant Awards under this Plan prior to approval by the shareholders, however, until such approval is obtained, all Option Awards granted under this Plan shall be deemed Non-Qualified Stock Options. In the event that shareholder approval is not obtained within the 12 month period provided above, all Incentive Stock Option Awards previously granted under this Plan shall be deemed Non-Qualified Stock Options.
Board Approval. Each Party shall cause each Director that it has appointed pursuant hereto to vote to approve any transfer of Securities that complies with the terms of this Section 8.
Board Approval. The board of directors shall have been informed of the transactions contemplated under this Agreement and any other ancillary transactions and expressed no objection to these transactions.
Amendment Approval. The addition of the SPIV and NCI as parties to each of the Ancillary Agreements as set forth in Section 1 above has been approved by the Company and other parties to each of the Ancillary Agreements holding # at least 65% of the Companys outstanding Series A-1 Preferred Stock and Series A Preferred Stock voting together as a class on an as converted to Common Stock basis; and # at least 67% of the Companys outstanding Series B Preferred Stock.
Prior Approval. Tenants selected contractor shall be subject to Landlords prior written approval, which approval shall not be unreasonably withheld.
The initial adoption of this Policy will be subject to approval by the Company’s stockholders prior to the Effective Date. Unless otherwise required by applicable law, following such approval, the Policy will not be subject to approval by the Company’s stockholders, including, for the avoidance of doubt, as a result of or in connection with an action taken with respect to this Policy as contemplated in Section 9.
Shareholder Approval. The Voting Proposal shall have been approved at the Meeting, at which a quorum is present, by two-thirds or greater of the shares issued and outstanding (the “Required Shareholder Vote”); and shall have caused the certified vote tabulation(s) required by Section 6.3(b) of this Agreement to be delivered to the Bank.
Stockholder Approval. Notwithstanding anything herein to the contrary, to the extent that the Award exceeds the applicable individual award limit(s) set forth in [Section 3(b)] of the Plan (the “Excess Award”), the Excess Award shall be subject to approval by the Company’s stockholders of an amendment to the Plan increasing the individual award limit(s) set forth in [Section 3(b)] of the Plan (the “Plan Amendment”). Notwithstanding anything herein to the contrary, neither the Excess Award nor the Performance Units attributable thereto shall be paid to any extent prior to the time when the Plan Amendment is approved by the stockholders, and if such approval is not obtained at the next annual meeting of the Company’s stockholders following the Award Date (or by December 4, 2016, if earlier), the Excess Award and the Performance Units attributable thereto shall thereupon automatically be cancelled and become null and void. The Participant acknowledges that the Excess Award and the Performance Units attributable thereto are being granted prior to approval by the Company’s stockholders of the Plan Amendment.
New Subsidiaries. In the event that the Borrower or any of its Subsidiaries shall form or acquire any new Subsidiary (other than an Immaterial Subsidiary or a Financing Subsidiary for so long as such entity remains an Immaterial Subsidiary or a Financing Subsidiary), such Subsidiary shall become a Subsidiary Guarantor and the Borrower will cause the entire Collateral and Guarantee Requirement to be satisfied by and with respect to such Subsidiary.
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