Yes there is a 3 person requirement for the audit and governance committees. However you have to realize how ridiculous this argument is considering that, before Kyle was appointed as interim CFO, she served on both committees as an independent director. Her appointment as interim CFO cannot invalidate the existence or authority of the committees. Furthermore, if the remaining two members function in accord, there is quorum and it doesn't even matter.
I am very much interested to see what the judge has to say about this one.
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