Charter and Bylaws. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of the Charter or the Bylaws. Prior to the consummation of the Initial Business Combination, the Company will not amend the Charter in a manner adverse to the public stockholders without the prior written consent of the Representative.
Charter and Bylaws. The rights of all stockholders and the terms of all stock are subject to the provisions of the Charter and the Bylaws.
Charter and Bylaws. 30 SECTION 5.3 Capitalization.................................................. 31 SECTION 5.4 Authority Relative to This Agreement........................... 31 SECTION 5.5 No Conflict; Required Filings and Consents...................... 32 SECTION 5.6 Compliance...................................................... 33 SECTION 5.7 SEC Reports and Financial Statements............................ 33 SECTION 5.8 Absence of Certain Changes or Events............................ 34 SECTION 5.9 Litigation...................................................... 34 SECTION 5.10 Registration Statements and Proxy Statement/ Prospectus..................................................... 34 SECTION 5.11
Charter and Bylaws. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its second amended and restated certificate of incorporation or its bylaws. Except as provided in Section 3.27, prior to the consummation of a Business Combination, the Company will not amend its second amended and restated certificate of incorporation or its bylaws without the prior written consent of the Representative.
Charter and Bylaws. Xxxxxxx has delivered to the WP Partners complete and correct copies of the Charter and Bylaws of Xxxxxxx and each Xxxxxxx Subsidiary as in effect as of the Agreement Date.
Charter and Bylaws. (a) At the Merger Effective Time, the Company Charter shall be amended to read as set forth on Exhibit B. As so amended, such Certificate of Incorporation shall be the Certificate of Incorporation of the Surviving Corporation until thereafter further amended as provided therein or by applicable Law.
Charter and Bylaws. The Certificate of Incorporation of the Company in effect at the Effective Time shall be the Certificate of Incorporation of the Surviving Corporation until amended in accordance with applicable law. The Bylaws of the Company in effect at the Effective Time shall be the Bylaws of the Surviving Corporation until amended in accordance with applicable law.
Charter and Bylaws. The Company has furnished or made available to the Parent a complete and correct copy of the Certificate of Incorporation and the Bylaws of the Company and the Certificate of Incorporation, Bylaws or equivalent organizational documents of each Company Subsidiary, each as in full force and effect as of the date hereof. Neither the Company nor any Company Subsidiary is in violation of any of the provisions of its Certificate of Incorporation, Bylaws or equivalent organizational documents.
Charter and Bylaws. 1 Section 1.4. Directors.............................................................................1 Section 1.5. Officers..............................................................................2
Charter and Bylaws. (a) At the Merger Effective Time, the Company Charter shall be amended so as to contain the provisions, and only the provisions, contained immediately prior to the Merger Effective Time in the Certificate of Incorporation of Merger Sub, except for Article FIRST of the Company Charter, which shall read “The name of the corporation is Javelin Pharmaceuticals, Inc.” As so amended, such Company Charter shall be the Certificate of Incorporation of the Surviving Corporation until thereafter further amended as provided therein or by applicable Law.
