Common use of Amended and Restated Certificate of Incorporation and Bylaws Clause in Contracts

Amended and Restated Certificate of Incorporation and Bylaws. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Certificate of Incorporation or its Bylaws. Prior to the consummation of a Business Combination or until the distribution of the funds held in the Trust Account referred to in Section 6.7 hereof, the Company will not amend its Amended and Restated Certificate of Incorporation without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld.

Appears in 2 contracts

Samples: Underwriting Agreement (Shermen WSC Acquisition Corp), Underwriting Agreement (Shermen WSC Acquisition Corp)

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Amended and Restated Certificate of Incorporation and Bylaws. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Certificate of Incorporation or its Bylaws. Prior to the consummation of a Business Combination or until the distribution of the funds held in the Trust Account referred to in Section 6.7 hereof, the Company will not amend its Amended and Restated Certificate of Incorporation without the prior written consent of the UnderwriterUnderwriters, which consent shall not be unreasonably withheld.

Appears in 2 contracts

Samples: Underwriting Agreement (Shermen WSC Acquisition Corp), Underwriting Agreement (Shermen WSC Acquisition Corp)

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Amended and Restated Certificate of Incorporation and Bylaws. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended amended and Restated Certificate restated certificate of Incorporation incorporation or its Bylawsby-laws. Prior to the consummation of a an Initial Business Combination or until the distribution of the funds held amounts in the Trust Account referred to in Section 6.7 hereofAccount, the Company will not amend its Amended and Restated Certificate of Incorporation charter without the prior written consent of the UnderwriterBAS, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Underwriting Agreement (GHL Acquisition Corp.)

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