Amendment to Certificate of Incorporation. The Depositor will not amend its Certificate of Incorporation or state of incorporation without prior notice to the Rating Agencies, the Indenture Trustee, and the Credit Enhancer.
Amendment to Certificate of Incorporation. The Seller will not amend, modify or otherwise make any change to its Certificate of Incorporation which would delete or otherwise nullify or circumvent the provisions set forth on Exhibit C hereto.
Amendment to Certificate of Incorporation. Investor hereby agrees to vote any shares of capital stock that it may own directly or beneficially, for the amendment to the Certificate of Incorporation referenced in Section 6.20. Pending adoption of such amendment, Investor hereby agrees for itself and its successors and assigns that neither this Section 7.4 or Section 6.20 above, or any restriction on exercise of the Warrant shall be amended, modified or waived without the consent of the holders of a majority of the shares of Common Stock held by Persons who are not Affiliates of the Company, or the Investor or Affiliates of the Investor.
Amendment to Certificate of Incorporation. At or before the next annual meeting of the stockholders of the Company, the Board of Directors shall propose and submit to the holders of the Common Stock for approval, an amendment to the Certificate of Incorporation that provides substantially as follows: “The terms and conditions of any rights, options and warrants approved by the Board of Directors may provide that any or all of such terms and conditions may be waived or amended only with the consent of the holders of a designated percentage of a designated class or classes of capital stock of the Corporation (or a designated group or groups of holders within such class or classes, including but not limited to disinterested holders), and the applicable terms and conditions of any such rights, options or warrants so conditioned may not be waived or amended absent such consent.”.
Amendment to Certificate of Incorporation. The Sponsor will not amend its Certificate of Incorporation without prior written notice to the Indenture Trustee and the Rating Agencies and the prior written consent of the Insurer which consent shall not be unreasonably withheld.
Amendment to Certificate of Incorporation. The Company shall: (a) cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D (the “Certificate Amendment”); and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware and cause the Certificate Amendment to take effect prior to the Closing Date.
Amendment to Certificate of Incorporation. The Company shall have provided Parent with evidence satisfactory to Parent that the Company has filed the Certificate Amendment with the Secretary of State of the State of Delaware and that the Certificate Amendment was in effect prior to the Closing.
Amendment to Certificate of Incorporation. Buyer hereby covenants, subject to the fiduciary duty of the Board of Directors of Buyer, to present to the stockholders of Buyer, at Buyer's next annual or special meeting of stockholders, a proposed amendment to Buyer's restated Certificate of Incorporation to eliminate Article SIXTH thereof, and shall use their best efforts to solicit proxies in favor of such amendment.
Amendment to Certificate of Incorporation. The Company shall, (i) file the Proxy Statement with the SEC, not later than thirty (30) days from the issuance of this Note, (ii) mail the information statement to stockholders within five (5) business days after the SEC has completed its review of the information statement, of, if the SEC does not review the information statement, within fifteen (15) business days after the information statement is filed with the SEC, and (iii) file the Certificate of Amendment and the Certificate of Designation with the Secretary of State of the State of North Carolina promptly, but not later than three (3) business days the stockholders have approved the Certificate of Amendment.
Amendment to Certificate of Incorporation. The Company's Certificate of Incorporation (the "Certificate of Incorporation") shall have been amended to include the provisions set forth in Exhibit A hereto (the "Charter Amendment"), 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.
