Automatic Cancellation and Amendment to Article IV Sample Clauses

Automatic Cancellation and Amendment to Article IV. At any time when the Indirect LLC Beneficial Ownership of the Permitted Class C Holders is less than 10%, (i) all shares of Class C Common Stock shall no longer be deemed to be outstanding and shall be retired and cancelled and may not be reissued, (ii) all rights with respect to such shares shall immediately cease and terminate at such time, (iii) the Corporation may thereafter take such appropriate action (without the need for stockholder action) as may be necessary to reduce the authorized number of shares of Class C Common Stock to zero accordingly and (iv) this Amended and Restated Certificate of Incorporation automatically shall be deemed amended to delete Sections 3(a)(3) and 3(f) of this Article IV in their entirety.
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Related to Automatic Cancellation and Amendment to Article IV

  • Amendment to Article VII The provisions of Article VII of the Credit Agreement are hereby amended by addition of the following subsection at the end of Section 7.01:

  • Amendment to Article V Article V of the Credit Agreement is hereby amended by inserting the following as a new Section 5.21:

  • Amendment to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1.2.

  • Amendment to Article II Article II of the Credit Agreement is hereby amended by adding the following Section 2.16:

  • Amendment to Article IX Article IX of the Credit Agreement is hereby amended by inserting the following text as a new Section 9.02A to the Credit Agreement:

  • Amendments to Article I The provisions of Article I of the Credit Agreement are hereby amended as follows:

  • Amendments to Article VII Article VII of the Existing Credit Agreement is hereby amended as follows:

  • Amendments to Article VI The provisions of Article VI of the Credit Agreement are hereby amended as follows:

  • Amendments to Article II The provisions of Article II of the Credit Agreement are hereby amended as follows:

  • Termination and Amendment of Agreement The Corporation and the Custodian mutually may agree from time to time in writing to amend, to add to, or to delete from any provision of this Agreement. The Custodian may terminate this Agreement by giving the Corporation ninety days' written notice of such termination by registered mail addressed to the Corporation at its principal place of business. The Corporation may terminate this Agreement at any time by written notice thereof delivered, together with a copy of the resolution of the Board of Directors authorizing such termination and certified by the Secretary of the Corporation, by registered mail to the Custodian. Upon such termination of this Agreement, assets of the Corporation held by the Custodian shall be delivered by the Custodian to a successor custodian, if one has been appointed by the Corporation, upon receipt by the Custodian of a copy of the resolution of the Board of Directors of the Corporation certified by the Secretary, showing appointment of the successor custodian, and provided that such successor custodian is a bank or trust company, organized under the laws of the United States or of any State of the United States, having not less than two million dollars aggregate capital, surplus and undivided profits. Upon the termination of this Agreement as a part of the transfer of assets, either to a successor custodian or otherwise, the Custodian will deliver securities held by it hereunder, when so authorized and directed by resolution of the Board of Directors of the Corporation, to a duly appointed agent of the successor custodian or to the appropriate transfer agents for transfer of registration and delivery as directed. Delivery of assets on termination of this Agreement shall be effected in a reasonable, expeditious and orderly manner; and in order to accomplish an orderly transition from the Custodian to the successor custodian, the Custodian shall continue to act as such under this Agreement as to assets in its possession or control. Termination as to each security shall become effective upon delivery to the successor custodian, its agent, or to a transfer agent for a specific security for the account of the successor custodian, and such delivery shall constitute effective delivery by the Custodian to the successor under this Agreement. In addition to the means of termination herein before authorized, this Agreement may be terminated at any time by the vote of a majority of the outstanding shares of the Corporation and after written notice of such action to the Custodian.

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