Common use of Certificate of Designations Clause in Contracts

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 Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.

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. There 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 be in full force and 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 no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this AgreementPurchaser Counsel.

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. There 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 be in full force and 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 no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.Purchaser Counsel;

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of the State of Delaware. There shall have been no changes to , and the Company’s Second Amended and Restated Certificate of Incorporation or by-laws Incorporation, as amended by the Certificate of Designations (the Company since the date of this Agreement“Charter”), shall be in full force and effect.

Certificate of Designations. The Certificate of Designations shall have been duly filed with the office of the Delaware Secretary of State and shall be in effect as of Delaware. There the Effective Date, and the Company shall have been no changes to provided the Restated Certificate Backstop Purchasers with resolutions of Incorporation or by-laws the board of directors of the Company since the date approving and adopting such Certificate of this AgreementDesignations.

Certificate of Designations. The Certificate of Designations substantially in the form of Annex 5.1(f) hereto (the "Certificate of Designations") shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. There , the Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Preferred Stock, the Certificate of Designations shall be in full force and 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 no changes delivered to counsel for the Restated Certificate of Incorporation or by-laws of the Company since the date of this AgreementPurchasers.

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There the State of Delaware as provided by Delaware law; neither the Certificate of Incorporation nor Certificate of Designations shall have been no changes to the Restated Certificate of Incorporation or by-laws of the Company amended since the date of this Agreementsuch filing, except as contemplated by Section 5.10 below.

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. There 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 a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this AgreementGores.

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There the State of Delaware and the Convertible Preferred Share shall have been no changes to duly authorized in accordance with the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreementterms thereof.

Certificate of Designations. The Certificate of Designations shall will have been duly authorized, executed and delivered by the Company and filed with the Secretary of State of Delawarethe State of Delaware at or before such time as the Shares are delivered on the Closing Date. There shall The holders of Preferred Shares will have been no changes to the Restated rights set forth in the Certificate of Incorporation or by-laws Designations upon filing of the Company since Certificate of Designations with the date Secretary of this AgreementState of the State of Delaware.

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. There The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Series A Certificate of Designations shall be in full force and 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 no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.Purchaser Counsel;