Common use of EIGHTH Clause in Contracts

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute and this Certificate of Incorporation, and all rights conferred upon stockholders herein are granted subject to this reservation.

Appears in 2 contracts

Samples: Merger Agreement (Critical Therapeutics Inc), Merger Agreement (Cornerstone BioPharma Holdings, Inc.)

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EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute and this Certificate of Incorporationstatute, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 2 contracts

Samples: Merger Agreement (Borgwarner Inc), Merger Agreement (Remy International, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statute and this Restated Certificate of Incorporation, and all rights conferred upon stockholders herein are granted subject to this reservation. [See attached.]

Appears in 1 contract

Samples: Agreement and Plan of Acquisition (Brooklyn ImmunoTherapeutics, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, Incorporation in the manner now or hereafter prescribed by statute the General Corporation Law of the State of Delaware and this Certificate of Incorporation, and all rights conferred upon stockholders herein are granted subject to this reservation.

Appears in 1 contract

Samples: Merger Agreement (Alexion Pharmaceuticals, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporationherein, in the manner now or hereafter prescribed by statute and this Certificate of Incorporationstatute, and all rights conferred upon stockholders herein are granted subject to this reservation.

Appears in 1 contract

Samples: Loan and Security Agreement (Imprivata Inc)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute and this Certificate of Incorporationstatute, and all rights conferred upon the stockholders herein are granted subject to this reservation.. Table of Contents EXHIBIT C To [Xxxxx], a Delaware corporation (the “Company”):

Appears in 1 contract

Samples: Merger Agreement (Sevcon, Inc.)

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EIGHTH. The Corporation reserves the right to amend, alter, change change, or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute and this Certificate of Incorporationstatute, and all rights conferred upon stockholders herein are granted subject to this reservation.

Appears in 1 contract

Samples: Merger Agreement (Bioreliance Corp)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in and/or add to the provisions of this Certificate of Incorporation, Incorporation in the any manner now or hereafter prescribed permitted by statute and this Certificate of Incorporation, the DGCL and all rights conferred upon stockholders herein directors, officers, employees or agents hereby are granted subject to this reservationreservation except as otherwise provided in Article SEVENTH.

Appears in 1 contract

Samples: Merger Agreement (Berkeley Lights, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, Incorporation in the manner now or hereafter prescribed by statute and this Certificate of Incorporationstatute, and all rights conferred herein upon stockholders herein the Corporation’s stockholders, directors and officers are granted subject to this reservation.. Table of Contents EXHIBIT C SURVIVING CORPORATION BYLAWS Table of Contents

Appears in 1 contract

Samples: Merger Agreement (ConvergeOne Holdings, Inc.)

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