definiens: within the meaningof the Nasdaq Listing Rules and other applicable securities laws ; ( iii ) one ( 1 ) has been designated for nomination by the members of the Ad Hoc ConvertibleNoteholder Committee ( as defined in the Plan ) after consultation with the Chief Executive Officer ofthe Corporation, which director will be, immediately following the consummation of the transactionscontemplated by the Purchase Agreement, [ ], and is an within the meaningof the Nasdaq Listing Rules and other applicable securities laws ; ( iv ) one ( 1 ) has been designated for nomination jointly by mutual agreement of the members of theAd Hoc Secured Noteholder Committee ( as defined in the Plan ), the members of the Ad HocConvertible Noteholder Committee ( as defined in the Plan ) and the Stockholders holding a majorityof the outstanding Equity Consideration Shares after consultation with the Chief Executive Officerof the Corporation, which director will be, immediately following the consummation of thetransactions contemplated by the Purchase Agreement, [ ], and is an withinthe meaning of the Nasdaq Listing Rules and other applicable securities laws ; ( v ) one ( 1 ) is the current chairman of the Board ( who, for the avoidance of doubt, is an within the meaning of the Nasdaq Listing Rules and other applicable securities laws),which director will be, immediately following the consummation of the transactions contemplated bythe Purchase Agreement, [ ] ; and ( vi ) one ( 1 ) is the current Chief Executive Officer of the Corporation, which director will, immediatelyfollowing the consummation of the transactions contemplated by the Purchase Agreement, RobertS. Radie