Action by the Company. On the date of Stockholder Approval, the Board of Directors shall take, or cause to be taken, all actions necessary or desirable to (i) cause the Board of Directors to consist of fifteen (15) directors, three of whom shall be elected by the Purchaser by delivery of a written consent immediately following the date of Stockholder Approval and (ii) effect the Bylaws Amendments. Prior to the Second Closing, the Board of Directors shall take, or cause to be taken, all actions necessary or desirable to file with the Secretary of State of the State of Delaware the Certificate Amendments.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Fortress Group Inc), Stock Purchase Agreement (Prometheus Homebuilders Funding Corp)
Action by the Company. On the date of Stockholder --------------------- Approval, the Board of Directors shall take, or cause to be taken, all actions necessary or desirable to (i) cause the Board of Directors to consist of fifteen (15) directors, three of whom shall be elected by the Purchaser by delivery of a written consent immediately following the date of Stockholder Approval and (ii) effect the Bylaws Amendments. Prior to the Second Closing, the Board of Directors shall take, or cause to be taken, all actions necessary or desirable to file with the Secretary of State of the State of Delaware the Certificate Amendments.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Prometheus Homebuilders LLC), Stock Purchase Agreement (Prometheus Homebuilders Funding Corp)
