Enom 2010 Annual Report Download - page 168
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authorized officer, manager or partner of such stockholder or must be authorized by a writing executed by such stockholder or an
electronic transmission delivered by such stockholder to act for such stockholder as proxy at the meeting of stockholders and such
person must produce such writing or electronic transmission, or a reliable reproduction of the writing or electronic transmission, at the
meeting of stockholders.
(viii) To be eligible to be a nominee for election as a director of the Corporation, the proposed nominee must
deliver (in accordance with the time periods prescribed for delivery of notice under this Section 2.5) to the Secretary at the principal
executive offices of the Corporation a written questionnaire with respect to the background and qualification of such proposed
nominee (which questionnaire shall be provided by the Secretary upon written request) and a written representation and agreement (in
form provided by the Secretary upon written request) that such proposed nominee (A) is not and will not become a party to (x) any
agreement, arrangement or understanding with, and has not given any commitment or assurance to, any person or entity as to how
such proposed nominee, if elected as a director of the Corporation, will act or vote on any issue or question (a "Voting Commitment")
that has not been disclosed to the Corporation or (y) any Voting Commitment that could limit or interfere with such proposed
nominee's ability to comply, if elected as a director of the Corporation, with such proposed nominee's fiduciary duties under applicable
law, (B) is not, and will not become a party to, any agreement, arrangement or understanding with any person or entity other than the
Corporation with respect to any direct or indirect compensation, reimbursement or indemnification in connection with service or
action as a director that has not been disclosed to the Corporation and (C) in such proposed
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