Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 8 contracts
Samples: Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.), Merger Agreement (TradeUP Acquisition Corp.)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 8 contracts
Samples: Merger Agreement (CinCor Pharma, Inc.), Merger Agreement (Kapstone Paper & Packaging Corp), Merger Agreement (WestRock Co)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 6 contracts
Samples: Merger Agreement (Entegris Inc), Merger Agreement (Mykrolis Corp), Merger Agreement (Mykrolis Corp)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 5 contracts
Samples: Business Combination Agreement (FTAC Athena Acquisition Corp.), Business Combination Agreement (Atlas Holdings, Inc.), Business Combination Agreement (Impax Laboratories Inc)
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 5 contracts
Samples: Merger Agreement (Edify Acquisition Corp.), Merger Agreement (Unique Logistics International, Inc.), Loan and Security Agreement (908 Devices Inc.)
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 4 contracts
Samples: Merger Agreement (Arsanis, Inc.), Merger Agreement (Palomar Medical Technologies Inc), Merger Agreement (Robcor Properties Inc)
Certificate of Incorporation. All references in these Amended and Restated Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (MEI Pharma, Inc.), Merger Agreement (Infinity Pharmaceuticals, Inc.), Merger Agreement (Infinity Pharmaceuticals, Inc.)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Amended and Restated Certificate of Incorporation of the Corporation, as it may be amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 3 contracts
Samples: Transaction Agreement and Plan of Merger (Baker Hughes Inc), Transaction Agreement and Plan of Merger (General Electric Co), Transaction Agreement and Plan of Merger (Baker Hughes Inc)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: Annual Report, Joint Development Agreement (Nuvera Fuel Cells Inc)
Certificate of Incorporation. All references in these Bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: Business Combination Agreement (Novus Capital Corp II), Merger Agreement (Oaktree Acquisition Corp.)
Certificate of Incorporation. All references in these Bylaws By-Laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 2 contracts
Samples: Annual Report, Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)
Certificate of Incorporation. All references in these Bylaws By-Laws to ---------------------------- the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Samples: By Laws (Matrixone Inc)
Certificate of Incorporation. All references in these Bylaws By-laws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Inhibrx, Inc.)
Certificate of Incorporation. All references in these Bylaws By-Laws to the ---------------------------- Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
Certificate of Incorporation. All references in these Bylaws bylaws to the Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporationcorporation, as amended and/or restated and in effect from time to time, including the terms of any certificate of designation relating to designations of any outstanding series of preferred stock.
Appears in 1 contract
Certificate of Incorporation. All references in these Bylaws to the ---------------------------- Certificate of Incorporation shall be deemed to refer to the Certificate of Incorporation of the Corporation, as amended and/or restated and in effect from time to time, including any certificate of designation relating to any outstanding series of preferred stock.
Appears in 1 contract
