Charter Amendment. The Company shall have filed the Charter Amendment with the Secretary of State of the State of Delaware, and such Charter Amendment shall be effective.
Charter Amendment. In the event there are insufficient shares of Common Stock authorized, unreserved and available for issuance upon exercise of this Warrant, the Company shall use its best efforts to effect an amendment of its certificate of incorporation so as to increase the authorized shares of Common Stock to accommodate such exercise.
Charter Amendment. Amendments to this charter may be submitted to IFTA, Inc. by any member of the CAC. IFTA, Inc. shall circulate the proposed charter amendments to the members of the CAC. The CAC may recommend to the Board amendments to this charter. The proposed amendments will be considered by the Board.
Charter Amendment. Prior to the Closing, (i) the Company shall have caused the Charter Amendment, to be filed with the Secretary of State of Delaware to increase the number of authorized shares of Common Stock to 519,000,000 and the number of authorized shares of Preferred Stock to 16,000,000 and (ii) the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurred.
Charter Amendment. The Parent Charter (as defined in Section 4.01), as in effect immediately prior to the Effective Time, shall be amended immediately prior to the Effective Time so as to read in its entirety in substantially the form set forth as Exhibit B hereto (the “Charter Amendment”), and, as so amended, shall be the certificate of incorporation of Parent until thereafter changed or amended as provided therein or by applicable Law.
Charter Amendment. 4.1(b) Closing..............................................................2.1
Charter Amendment. Prior to the Closing, Parent shall duly file the Charter Amendment with the Secretary of State of the State of New York in accordance with all applicable provisions of the Business Corporation Law of the State of New York.
Charter Amendment. The Charter Amendment shall have been adopted and become effective (and shall remain in full force and effect as of the Closing);
Charter Amendment. The Charter Amendment shall have been duly filed with, and accepted for filing by, the Secretary of State of the State of New York pursuant to all applicable provisions of the Business Corporation Law of the State of New York, and shall be in full force and effect, and the Investors shall have received a copy of such due filing.
Charter Amendment. 27.1 The Nonprofit shall submit any proposed material revision of the charter to the SBE in accordance with guidance provided by the Office of Charter Schools. Changes that constitute a material revision include, but are not limited to, the following:
a) Enrollment growth beyond the approved percentage outlined in G.S. 115C- 218.7(b) or grade expansion not in the approved charter;
b) Relocation outside a 5-mile radius or approved Local Education Agency (LEA);
c) Transferring the charter to another non-profit entity;
d) Altering the mission or targeted student population;
e) Employing or terminating a management company; and
f) Changes to the charter application with respect to the National School Lunch program
27.2 The following proposed amendments to a charter may be approved by Department staff without the necessity of Board action; however, the charter school must seek approval prior to implementation of the change. Further, the Board must be notified by the Department of any approved amendments in the following areas:
a) Bylaws;
b) The name of the charter school;
c) The Articles of Incorporation;
d) Relocation within a 5-mile radius or an approved Local Education Agency (LEA)
e) Class sizes as stated in the application;
f) Length of school day and/or academic year;
g) Curriculum changes;
h) Changes to the charter application with respect to student transportation; and
i) Changes to the charter application with respect to changing its food service plan.
27.3 Any potential changes not contained in 27.2 above must be reviewed and approved by the SBE. Notwithstanding the foregoing, the Department may carry any proposed amendment to the Board for its review.
