Common use of Amendment of Certificate of Incorporation Clause in Contracts

Amendment of Certificate of Incorporation. HI's Certificate of Incorporation shall have been amended and shall be in the form set forth in Exhibit A hereto, shall be in full force and effect under the laws of the State of Delaware as of the Closing as so amended, and shall not have been further amended or modified; provided, however, that Investor acknowledges that certain modifications to the Certificate of Incorporation have been or will be approved by the directors and shareholders (including the Investor after its investment) of HI contingent upon completion of a Public Offering, a copy of which shareholder approval (which describes and approves such modifications) is attached as Exhibit D hereto.