Charter Documents and Bylaws. Parent has heretofore made available to the Company a complete and correct copy of the Charter and the bylaws of Parent in full force and effect as of the date hereof. Parent is not in violation of any of the provisions of its charter or bylaws. Parent has heretofore made available to the Company a complete and correct copy of the Charter and the bylaws (or equivalent organizational documents) of each Subsidiary of Parent (including Acquisition Corp.) in full force and effect as of the date hereof. No Subsidiary of Parent (including Acquisition Corp.) is in violation of any of the provisions of its articles of incorporation or bylaws (or equivalent organizational documents). Acquisition Corp. is or immediately prior to the Offer Payment Date, will be a wholly owned subsidiary of Parent.
Appears in 6 contracts
Samples: Acquisition Agreement (Goodys Family Clothing Inc /Tn), Acquisition Agreement (Prentice Capital Management, LP), Acquisition Agreement (Prentice Capital Management, LP)