Amendment to Certificate of Incorporation. The Company's Amended and Restated Certificate of Incorporation (the "Certificate of Incorporation") shall be amended and restated in the form set forth on Exhibit D attached hereto (as so amended, the "Amended Certificate of Incorporation"), 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.
Appears in 1 contract
Samples: Preferred Stock Purchase And (Focal Communications Corp)
Amendment to Certificate of Incorporation. The Company's Amended and Restated Certificate of Incorporation (shall have been amended to include the "Certificate of Incorporation") shall be amended and restated provisions set forth in the form set forth on Exhibit D attached hereto (as so amended, the "Amended Certificate of Incorporation")Amendments, shall be in full force and effect under the laws of the State of Delaware as of the Closing as so amended making of such subsequent Loan and shall not have been further amended or modifiedmodified other than as permitted hereunder or pursuant to the Preferred Stock Purchase Agreement.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Synagro Technologies Inc)
Amendment to Certificate of Incorporation. The Company's Amended and Restated ----------------------------------------- Certificate of Incorporation (shall have been amended to include the "Certificate of Incorporation") shall be amended and restated provisions set forth in the form set forth on Exhibit D attached hereto (as so amended, the "Amended Certificate of Incorporation")Amendments, shall be in full force and effect under the laws of the State of Delaware as of the Closing as so amended making of such subsequent Loan and shall not have been further amended or modifiedmodified other than as permitted hereunder or pursuant to the Preferred Stock Purchase Agreement.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)
Amendment to Certificate of Incorporation. The Company's Amended and Restated Certificate of Incorporation (the "Certificate of Incorporation") shall be have been amended and restated in to include the form provisions set forth on in Exhibit D attached A hereto (as so amended, the "Amended Certificate of IncorporationCharter 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.
Appears in 1 contract
