Common use of Bylaw Amendments Clause in Contracts

Bylaw Amendments. The Board of Directors is expressly empowered to adopt, amend or repeal the Bylaws of the Company. Any adoption, amendment or repeal of the Bylaws of the Company by the Board of Directors shall require the approval of a majority of the authorized number of directors. The stockholders shall also have power to adopt, amend or repeal the Bylaws of the Company; provided, however, that, in addition to any vote of the holders of any class or series of stock of the Company required by law or by this Second Amended and Restated Certificate of Incorporation, such action by stockholders shall require the affirmative vote of the holders of at least 66 2/3% of the voting power of all of the then-outstanding shares of the capital stock of the Company entitled to vote generally in the election of directors, voting together as a single class.

Appears in 2 contracts

Samples: Merger Agreement and Plan of Reorganization (Hennessy Capital Acquisition Corp IV), Business Combination Agreement and Plan of Reorganization (Tortoise Acquisition Corp.)

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Bylaw Amendments. The Board of Directors is expressly empowered to adopt, amend or repeal the Bylaws of the CompanyCorporation. Any adoption, amendment or repeal of the Bylaws of the Company Corporation by the Board of Directors shall require the approval of a majority of the authorized number of directors. The stockholders shall also have power to adopt, amend or repeal the Bylaws of the CompanyCorporation; provided, however, that, in addition to any vote of the holders of any class or series of stock of the Company Corporation required by law or by this Second Amended and Restated Certificate of Incorporation, such action by stockholders shall require the affirmative vote of the holders of at least 66 2/3% of the voting power of all of the then-outstanding shares of the capital stock of the Company Corporation entitled to vote generally in the election of directors, voting together as a single class.

Appears in 2 contracts

Samples: The Agreement and Plan of Merger (Xos, Inc.), The Agreement and Plan of Merger (NextGen Acquisition Corp)

Bylaw Amendments. 1. The Board of Directors is expressly empowered to adopt, amend or repeal the Bylaws of the Company. Any adoption, amendment or repeal of the Bylaws of the Company by the Board of Directors shall require the approval of a majority of the authorized number of directorsdirectors then in office. The stockholders shall also have power to adopt, amend or repeal the Bylaws of the Company; provided, however, that, in addition to any vote of the holders of any class or series of stock of the Company required by law or by this Second Amended and Restated Certificate of Incorporation, such action by stockholders shall require the affirmative vote of the holders of at least sixty-six and two-thirds percent (66 2/3% %) of the voting power of all of the then-outstanding shares of the capital stock of the Company entitled to vote generally in the election of directors, voting together as a single class.

Appears in 1 contract

Samples: Business Combination Agreement (Consonance-HFW Acquisition Corp.)

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Bylaw Amendments. 1. The Board of Directors is expressly empowered to adopt, amend or repeal the Bylaws of the Company. Any adoption, amendment or repeal of the Bylaws of the Company by the Board of Directors shall require the approval of a majority of the authorized number of directors. The stockholders shall also have power to adopt, amend or repeal the Bylaws of the Company; provided, however, that, in addition to any vote of the holders of any class or series of stock of the Company required by law or by this Second Amended and Restated Certificate of Incorporation, such action by stockholders shall require the affirmative vote of the holders of at least sixty-six and two-thirds percent (66 2/3% %) of the voting power of all of the then-outstanding shares of the capital stock of the Company entitled to vote generally in the election of directors, voting together as a single class.

Appears in 1 contract

Samples: Plan of Conversion (Auddia Inc.)

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