Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of the State of Delaware, and the Company’s Second Amended and Restated Certificate of Incorporation, as amended by the Certificate of Designations (the “Charter”), shall be in full force and effect.
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Samples: Registration Rights Agreement (INNOVATE Corp.), Investment Agreement (Hc2 Holdings, Inc.)
Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, and relative rights or preferences of the Company’s Second Amended and Restated Certificate of Incorporation, as amended by the Shares. The Certificate of Designations (the “Charter”), shall be in full force and effect.effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel;
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Samples: Preferred Stock Purchase Agreement (Global BPO Services Corp), Preferred Stock Purchase Agreement (Wca Waste Corp)
Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There shall have been no changes to the State of Delaware, and the Company’s Second Amended and Restated Certificate of Incorporation, as amended by Incorporation or by-laws of the Certificate Company since the date of Designations (the “Charter”), shall be in full force and effectthis Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Fleet Boston Corp), Stock Purchase Agreement (North Fork Bancorporation Inc)
Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, and relative rights or preferences of the Company’s Second Amended and Restated Certificate of Incorporation, as amended by the Shares. The Certificate of Designations (the “Charter”), shall be in full force and effecteffect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Hanger Orthopedic Group Inc), Preferred Stock Purchase Agreement (Ares Corporate Opportunities Fund Lp)
Certificate of Designations. The Certificate of Designations shall has been duly authorized by the Company and will have been duly executed and delivered by the Company and duly filed with the Secretary of State of the State of Delaware, and Delaware before the Company’s Second Amended and Restated Certificate Applicable Time. The holders of Incorporation, as amended by the Mandatory Convertible Preferred Stock will have the rights set forth in the Certificate of Designations (upon filing of the “Charter”), shall be in full force and effectCertificate of Designations with the Secretary of State of the State of Delaware.
Appears in 1 contract
Samples: Boston Scientific Corp
Certificate of Designations. The Series A Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, and relative rights or preferences of the Company’s Second Amended and Restated Certificate of Incorporation, as amended by the Shares. The Series A Certificate of Designations (the “Charter”), shall be in full force and effect.effect as of the Closing under the laws of the State of Delaware and shall not have been amended or modified, and a copy of the Series A Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel;
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Certificate of Designations. The With respect to the Second Closing only, the Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall not have been amended or modified, and the Company’s Second Amended and Restated Certificate a copy of Incorporation, as amended by the Certificate of Designations (certified by the “Charter”), Secretary of State of the State of Delaware shall be in full force and effecthave been delivered to Gores.
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Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of the State of Delaware, and the Company’s Second Amended and Restated Certificate of Incorporation, Delaware as amended provided by Delaware law; neither the Certificate of Incorporation nor Certificate of Designations (the “Charter”)shall have been amended since such filing, shall be in full force and effectexcept as contemplated by Section 5.10 below.
Appears in 1 contract
Samples: Series C Convertible Preferred Stock Purchase Agreement (Global Pharmaceutical Corp \De\)
