Amendment of Restated Certificate. Whenever the number of shares of authorized Company Stock is not sufficient in order to issue shares of Preferred Stock or Common Stock upon conversion of Preferred Stock or Common Stock in accordance with the Restated Certificate, (i) the Company shall promptly amend the Restated Certificate in order to authorize a sufficient number of shares of Company Stock, and (ii) each Stockholder agrees to vote its shares of Preferred Stock and Common Stock in favor of any such amendment.
Amendment of Restated Certificate. The Corporation reserves the right to repeal, alter or amend this Restated Certificate in the manner now or hereafter prescribed by statute and this Restated Certificate, and all rights conferred upon stockholders herein are granted subject to this reservation. No repeal, alteration or amendment of this Restated Certificate shall be made unless the same is first approved by the Board of Directors of the Corporation pursuant to a resolution adopted by the affirmative vote of a majority of the Directors then in office, and thereafter approved by the stockholders.
Amendment of Restated Certificate. Whenever the number of shares of authorized Common Stock is not sufficient in order to issue shares of Common Stock upon conversion of Class D Preferred Stock and Class G Preferred Stock or upon exercise of the Class F Preferred Stock Warrants in accordance with the Restated Certificate and the Certificates of Designation, (i) the Company shall promptly amend the Restated Certificate in order to authorize a sufficient number of shares of Common Stock, and (ii) each Stockholder agrees to vote its shares of Preferred Stock and Common Stock in favor of such amendment.
Amendment of Restated Certificate. Within the earlier to occur of ninety (90) days or Borrower’s Next Equity Financing, Borrower shall (i) effect an amendment to or waiver of the terms of its Fifth Amended and Restated Certificate of Incorporation so as to render the issue to PFG of a warrant to purchase its Series C Preferred Stock or Next Equity Financing Stock (of approximately even date herewith and issued in connection herewith) (the “Warrant”) lawful in all respects under Borrower’s constitutional documents and stockholder agreements and (ii) procure that the issue of the Warrant and its exercise or conversion is not deemed to constitute the issue of “Additional Stock” under such Fifth Amended and Restated Certificate (as may be further amended for such purpose).
Amendment of Restated Certificate. In the event that the Company is required to issue Antidilution Shares (as such term is defined in the Restated Certificate) to Seller pursuant to the provisions of the Restated Certificate, the Company, Seller and Purchaser shall take all actions necessary to file with the Delaware Secretary of State a Certificate of Amendment of the Restated Certificate so as to increase the authorized number of shares of Company Common Stock, Class A Common Stock and Class B Common Stock to the extent necessary to permit the Company’s issuance of such Antidilution Shares and to permit the conversion, if such conversion were to occur, of such Antidilution Shares into shares of Class B Common Stock.
Amendment of Restated Certificate. Within 30 days after the First Closing, each Investor and Founder shall execute an Action by Consent of Stockholders of the Company approving an amendment to the Restated Certificate that cancels the Series A Preferred and the Class A Common, and the Company shall file a Restated Certificate of Incorporation effectuating such amendment.
Amendment of Restated Certificate. The Board of Directors of the Company shall have approved an increase in the authorized Common Stock of the Company to 200,000,000 shares of Common Stock.
