Common use of By the Stockholders Clause in Contracts

By the Stockholders. These By-Laws may be altered, amended or repealed or new by-laws may be adopted by the affirmative vote of the holders of such percentage of the stock entitled to vote as is provided in Article 1 hereof, provided that in the case of an annual or special meeting of stockholders notice of such proposal to alter, amend or repeal these By-Laws or adopt new by-laws shall have been stated in the notice of meeting of stockholders.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

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By the Stockholders. These Except as otherwise set forth in these By- ------------------- Laws, these By-Laws may be altered, amended or repealed or new by-laws may be adopted by the affirmative vote of the holders of such percentage sixty-six and two-thirds percent (66-2/3%) of the shares of the capital stock of the Corporation issued and outstanding and entitled to vote as is provided in Article 1 hereofat any regular meeting of stockholders, provided that in the case of an annual or at any special meeting of stockholders stockholders, provided notice of such proposal to alteralteration, amend amendment, repeal or repeal these By-Laws or adopt adoption of new by-laws shall have been stated in the notice of meeting of stockholderssuch special meeting.

Appears in 1 contract

Samples: By Laws (Matrixone Inc)

By the Stockholders. These Except as otherwise set forth in these By-Laws, ------------------- these By-Laws may be altered, amended or repealed or new byBy-laws Laws may be adopted by the affirmative vote of the holders of such percentage a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote as is provided in Article 1 hereofat any annual meeting of stockholders, provided that in the case of an annual or at any special meeting of stockholders stockholders, provided notice of such proposal to alteralteration, amend amendment, repeal or repeal these adoption of new By-Laws or adopt new by-laws -------- shall have been stated in the notice of meeting of stockholderssuch special meeting.

Appears in 1 contract

Samples: Merger Agreement (DSP Technology Inc)

By the Stockholders. These By-Laws Except as otherwise set forth in these Bylaws, ------------------- these Bylaws may be altered, amended or repealed or new by-laws Bylaws may be adopted by the affirmative vote of the holders of such percentage at least sixty-six and two-thirds percent (66-2/3%) of the shares of the capital stock of the Corporation issued and outstanding and entitled to vote as is provided in Article 1 hereofat any annual meeting of stockholders, provided that in the case of an annual or at any special meeting of stockholders stockholders, provided notice of such proposal to alteralteration, amend amendment, repeat or repeal these By-Laws or adopt adoption of new by-laws Bylaws shall have been stated in the notice of meeting of stockholderssuch special meeting.

Appears in 1 contract

Samples: Stockholder Agreement (Mattson Technology Inc)

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By the Stockholders. These By-Laws laws may be altered, amended or repealed repealed, in whole or in part, or new by-laws may be adopted by the affirmative vote of the holders of such percentage a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote as is provided in Article 1 hereofat any annual meeting of stockholders, provided that in the case of an annual or at any special meeting of stockholders stockholders, provided notice of such proposal to alteralteration, amend amendment, repeal or repeal these By-Laws or adopt adoption of new by-laws shall have been stated in the notice of meeting of stockholderssuch special meeting.

Appears in 1 contract

Samples: Merger Agreement (Arsanis, Inc.)

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