Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 8 contracts
Samples: Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.), Agreement and Plan of Merger (TradeUP Acquisition Corp.)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (CinCor Pharma, Inc.), Agreement and Plan of Merger (WestRock Co), Loan and Security Agreement (Halozyme Therapeutics Inc)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Lumera Corp), Agreement and Plan of Merger (Mykrolis Corp), Agreement and Plan of Merger (Entegris Inc)
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Edify Acquisition Corp.), Agreement and Plan of Merger (Unique Logistics International, Inc.), Loan and Security Agreement (908 Devices Inc.)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 5 contracts
Samples: Letter Agreement (FTAC Athena Acquisition Corp.), Business Combination Agreement (Atlas Holdings, Inc.), Limited Liability Company Agreement (Impax Laboratories Inc)
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Arsanis, Inc.), Agreement and Plan of Merger (Palomar Medical Technologies Inc), Agreement and Plan of Merger (Robcor Properties Inc)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Amended and Restated Certificate of Incorporation of the Corporation, as it may be amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Baker Hughes Inc), Limited Liability Company Agreement (General Electric Co), Transaction Agreement and Plan of Merger (Baker Hughes Inc)
Certificate of Incorporation. All references in these Amended and Restated Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (MEI Pharma, Inc.)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: License and Marketing Agreement, Nuvera Fuel Cells Inc
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: Business Combination Agreement and Plan of Reorganization (Novus Capital Corp II), Agreement and Plan of Merger (Oaktree Acquisition Corp.)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: Stock Purchase Agreement, Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)
Certificate of Incorporation. All references in these Bylaws By-Laws to the ---------------------------- Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock. SECTION 5.07.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kapstone Paper & Packaging Corp)
Certificate of Incorporation. All references in these Bylaws By-Laws to ---------------------------- the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Samples: Matrixone Inc
Certificate of Incorporation. All references in these Bylaws to the ---------------------------- Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Inhibrx, Inc.)
Certificate of Incorporation. All references in these Bylaws bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including the terms of any certificate of designation relating to designations of any outstanding series of preferred stock.
Appears in 1 contract
