Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the Company shall file with the Secretary of State of the State of Delaware, an Amended and Restated Certificate of Incorporation (the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.
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Samples: Subordination Agreement, Subordination Agreement (Ellipse Technologies Inc)
Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the The Company shall file have filed, or will concurrently with the Closing hereunder file, with the Secretary of State of the State of Delaware, an Amended and Restated Certificate of Incorporation (Delaware the “Restated Certificate”), substantially in the form attached hereto as Exhibit B..
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Samples: Master Agreement, Master Agreement (Metabasis Therapeutics Inc)
Amended and Restated Certificate of Incorporation. Prior Immediately prior to the First Tranche Closing (as defined below)Closing, the Company shall file the Amended and Restated Certificate of Incorporation with the Secretary of State of Delaware such that the State of Delaware, an Amended and Restated Certificate of Incorporation (shall be in full force and effect on the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.Closing.
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Amended and Restated Certificate of Incorporation. Prior to In connection with, and as a condition to, the First Tranche Closing (as defined below)Closing, the Company shall file with the Secretary of State shall, subject to receipt of the State of DelawareCompany Stockholders' Approval, an file the Amended and Restated Certificate of Incorporation (with the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.Delaware Secretary of State.
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Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the Company The Restated Certificate shall file have been filed with the Secretary of State of Delaware and shall continue to be in full force and effect as of the State of Delaware, an Amended and Restated Certificate of Incorporation (the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.Closing.
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Samples: Series a Preferred Stock Purchase Agreement (Ocz Technology Group Inc)
Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the The Company shall adopt and file with the Secretary of State of the State of Delaware, Delaware on or before the Closing Date an Amended and Restated Certificate of Incorporation (the “Restated Certificate”)Incorporation, substantially in the form of Exhibit B attached hereto as Exhibit B.to this Agreement (the "Amended and Restated Certificate").
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Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the The Company shall file have adopted and filed with the Secretary of State of the State of Delaware, an Amended and Delaware the Restated Certificate of Incorporation (Incorporation, which shall continue to be in full force and effect as of the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.Closing.
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