Company Organizational Documents. The Company has furnished to the Purchaser true and correct copies of the Company’s Amended and Restated Certificate of Incorporation, as amended and in effect on the date hereof, and the Company’s By-laws, as amended and in effect on the date hereof.
Company Organizational Documents. (A) Amend the Company Organizational Documents or (B) amend the comparable organizational documents of any Subsidiary in a manner that would reasonably be expected to prevent or to impede, interfere with, hinder or delay in any material respect the consummation of the Transactions (with respect to both clauses (A) and (B), whether by merger, amalgamation, consolidation or otherwise);
Company Organizational Documents. The Company agrees not to adopt or propose any amendment, modification or restatement of or supplement to the Company’s Charter or Bylaws that would conflict with the provisions of this Agreement without the prior consent of the Principal Stockholders.
Company Organizational Documents. The Company will not amend the Company’s organizational documents, adopt any new Board policies, amend any existing Board policies or take any other similar action to frustrate the purpose of this Agreement.
Company Organizational Documents. The certificate of incorporation and by-laws of the Company, each as amended to date, are set forth in Section 2.16(a) and (b), respectively, of the Disclosure Schedules. No action has been taken to further amend, modify or repeal such certificate of incorporation and by-laws of the Company, the same being in full force and effect in the attached form as of the date hereof.
Company Organizational Documents. (a) The Company has heretofore furnished or otherwise made available to the Purchaser a complete and correct copy of the Company Organizational Documents.
(b) The Company Organizational Documents are in full force and effect and no other organizational documents are applicable to or binding upon the Company.
(c) The Company is not in violation of any provisions of the Company Organizational Documents in any material respect.
Company Organizational Documents amend or restate any changes to the Company Organizational Documents;
Company Organizational Documents. Section 4.3 Corporate Authorization; Enforceability
Company Organizational Documents. The articles of organization of the Company on the Closing Date (the “Company Charter”) shall be in the form attached hereto as Exhibit B (the “Company Articles of Organization”), until amended in accordance with applicable Law. The operating agreement of the Company in effect on the Closing Date, which shall be in the form attached hereto as Exhibit C, shall be the bylaws of the Company until amended in accordance with the provisions of such bylaws (the “Company Operating Agreement”).
Company Organizational Documents. Upon the Closing, the Buyer would satisfy the representations and warranties set forth in Section 3.04 of the Poseidon LLC Agreement.
