Amended Certificate of Incorporation. The Company shall deliver such ------------------------------------ copy of the Amended Certificate of Incorporation as filed with the Secretary of State of the State of Delaware prior to the Closing.
Amended Certificate of Incorporation. The Amendment shall have been filed with the Secretary of State of the State of Delaware.
Amended Certificate of Incorporation. Immediately prior to or contemporaneously with the Closing, the Company shall have filed with the Secretary of State of New York the Certificate of Amendment, and the same shall have become effective prior to the Closing in accordance with New York law.
Amended Certificate of Incorporation. The Company shall have filed the amendment and restatement of its amended and restated certificate of incorporation in effect as of the date of this Agreement with the Secretary of State of the State of Delaware in substantially the form of Exhibit D hereto (the "Restated Certificate"); provided, however, the Company and each Investor agree and acknowledge that the Restated Certificate will not include (and this closing condition shall not apply to) the amendment providing for action by written consent of the stockholders in lieu of a meeting if Stockholder Approval is not obtained with respect to such provision.
Amended Certificate of Incorporation. The term “Amended Certificate of Incorporation” means the Amended and Restated Certificate of Incorporation of the Company, as amended from time to time, including, without limitation, as amended in connection with the Plan of Recapitalization to be substantially in the form attached as Exhibit B to the Plan of Recapitalization.
Amended Certificate of Incorporation. The Company shall have amended or shall simultaneously with the Initial Closing amend its Third Amended and Restated Certificate of Incorporation in form and substance satisfactory to the Purchasers and their special counsel.
Amended Certificate of Incorporation. Parent shall effect an amendment to its Certificate of Incorporation increasing the authorized number of common shares to 75,000,000.
Amended Certificate of Incorporation. The Secretary of State of Delaware shall have accepted for filing the Amended Certificate of Incorporation;
Amended Certificate of Incorporation. On or before the date hereto the Company shall have filed with the Secretary of State of Delaware its Amended and Restated Certificate of Incorporation in form and substance reasonably satisfactory to the Representative including, without limitation, (i) the authorized capital stock of the Company shall have been increased to 100,000,000 shares of which (a) 90,000,000 shall be shares of Common Stock and (b) 10,000,000 shall be shares of “blank check” preferred stock, and (ii) the vote requirement to amend Section 4(a) of the Company’s current Certificate of Incorporation shall be a simple majority. The Company shall have provided the same to the Underwriters.
Amended Certificate of Incorporation. Delivery by Acquiror of evidence satisfactory to the Stockholder that the Certificate of Designations for the Acquiror Convertible Preferred Stock in the form attached hereto as Exhibit A has been filed with the Secretary of State of the State of Delaware and has become effective.
