Common use of Certificate of Incorporation and By-Laws to Be Consistent Clause in Contracts

Certificate of Incorporation and By-Laws to Be Consistent. The Board shall take or cause to be taken all lawful action necessary or appropriate to ensure that none of the Certificate of Incorporation or the By-Laws or any of the corresponding constituent documents of the Company’s subsidiaries contain any provisions inconsistent with this Agreement or which would in any way nullify or impair the terms of this Agreement or the rights of the Company or of the Investor Group hereunder.

Appears in 3 contracts

Samples: Stockholders' Agreement (Pathmark Stores Inc), Shareholder Agreement (Pathmark Stores Inc), Stockholders' Agreement (Pathmark Stores Inc)

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Certificate of Incorporation and By-Laws to Be Consistent. The Board shall take or cause to be taken all lawful action necessary or appropriate to ensure that none of the Certificate of Incorporation or the By-Laws or any of the corresponding constituent documents of the Company’s subsidiaries contain any provisions inconsistent with this Agreement or which would in any way nullify or impair the terms of this Agreement or the rights of the Company or of the Investor Group hereunder.

Appears in 1 contract

Samples: Stockholders' Agreement (Lexicon Pharmaceuticals, Inc./De)

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Certificate of Incorporation and By-Laws to Be Consistent. The Board shall take or cause to be taken all lawful action necessary or appropriate to ensure that none of the Certificate of Incorporation or the By-Laws or any of the corresponding constituent documents of the Company’s subsidiaries contain any provisions inconsistent with this Agreement or which would in any way nullify or impair the terms of this Agreement or the rights of the Company or of the Investor Yellowstone Group hereunder.

Appears in 1 contract

Samples: Stockholders Agreement (Pathmark Stores Inc)

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