Common use of Amendment of Charter Documents Clause in Contracts

Amendment of Charter Documents. The AIP Stockholder shall vote its Shares at any Stockholders Meeting called for the purpose of revising the Charter Documents, or in any Written Consent executed for such purposes, against any proposed amendment to any Charter Document that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Designation of Special Preferred Stock included in the Amended and Restated Certificate of Incorporation of the Company attached hereto as Exhibit A or any of Sections 3.2, 3.3, or 3.8 or Article XII of the Amended By-Laws of the Company attached hereto as Exhibit B (collectively referred to as the “Governance Provisions”). In the event the Board of Directors purports to amend or revise the Charter Documents in any respect that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Governance Provisions, then the AIP Stockholder shall, at the request of any Union and to the extent permitted by law, (i) seek a Stockholders Meeting or stockholder action by Written Consent, as soon as practicable, for the purpose of restoring the Governance Provisions, (2) propose a stockholder resolution at such Stockholders Meeting or action by Written consent to restore the Governance Provisions, and (3) vote its shares at any Stockholders Meeting, or in any Written Consent, in favor of such resolution to restore the Governance Provisions.

Amendment of Charter Documents. The AIP Stockholder shall vote its Shares at any Stockholders Meeting called for the purpose of revising the Charter Documents, or in any Written Consent executed for such purposes, against any proposed amendment to any Charter Document that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Designation of Special Preferred Stock included in the Amended and Restated Certificate of Incorporation of the Company attached hereto as Exhibit A hereto or any of Sections 3.23.02, 3.33.09, 3.12 or 3.8 or Article XII 7.04 of the Amended By-Laws of the Company attached hereto as included in Exhibit B hereto (collectively referred to as the “Governance Provisions”"GOVERNANCE PROVISIONS"). In the event the Board of Directors purports to amend or revise the Charter Documents in any respect that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Governance Provisions, then the AIP Stockholder shall, at the request of any Union and to the extent permitted by law, (i) seek a Stockholders Meeting or stockholder action by Written Consent, as soon as practicable, for the purpose of restoring the Governance Provisions, (2) propose a stockholder resolution at such Stockholders Meeting or action by Written consent to restore the Governance Provisions, and (3) vote its shares at any Stockholders Meeting, or in any Written Consent, in favor of such resolution to restore the Governance Provisions.

Amendment of Charter Documents. The AIP Stockholder shall vote its Shares at any Stockholders Meeting called for the purpose of revising the Charter Documents, or in any Written Consent executed for such purposes, against any proposed amendment to any Charter Document that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Designation of Special Preferred Stock included in the Amended and Restated Certificate of Incorporation of the Company attached hereto as Exhibit A hereto or any of Sections 3.23.02, 3.33.09, 3.12 or 3.8 or Article XII 7.04 of the Amended By-Laws of the Company attached hereto as included in Exhibit B hereto (collectively referred to as the “"Governance Provisions”"). In the event the Board of Directors purports to amend or revise the Charter Documents in any respect that would be inconsistent with, or alter the rights of the Unions or the obligations of the Board of Directors under, the Governance Provisions, then the AIP Stockholder shall, at the request of any Union and to the extent permitted by law, (i) seek a Stockholders Meeting or stockholder action by Written Consent, as soon as practicable, for the purpose of restoring the Governance Provisions, (2) propose a stockholder resolution at such Stockholders Meeting or action by Written consent to restore the Governance Provisions, and (3) vote its shares at any Stockholders Meeting, or in any Written Consent, in favor of such resolution to restore the Governance Provisions.