Filing of Certificate of Designation. The Certificate of Designations shall have been adopted and approved by the Company’s Board of Directors as required by applicable law (including without limitation the Delaware General Corporation Law), the Certificate and Bylaws and any agreements to which the Company is a party or is bound, and the Company shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware who shall have accepted the Certificate of Designations for filing, and the Certificate of Designations shall be in full force and effect as of the Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (RXi Pharmaceuticals Corp), Securities Purchase Agreement (Galena Biopharma, Inc.), Securities Purchase Agreement (La Jolla Pharmaceutical Co)
Filing of Certificate of Designation. The Certificate of Designations ------------------------------------ Designation shall be in a form reasonably satisfactory to the Purchasers, and shall have been adopted and approved duly filed by the Company’s Board or on behalf of Directors as required by applicable law (including without limitation the Delaware General Corporation Law), the Certificate and Bylaws and any agreements to which the Company is a party or is bound, and the Company shall have filed the Certificate of Designations with the Secretary of State of the State of Delaware who shall have accepted in accordance with the Certificate of Designations for filing, and the Certificate of Designations shall be in full force and effect as General Corporation Law of the ClosingState of Delaware.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Prime Response Inc/De), Stock Purchase Agreement (Prime Response Group Inc/De)
Filing of Certificate of Designation. The Certificate of Designations shall have been adopted and approved by the Company’s Board of Directors as required by applicable law (including without limitation the Delaware General Corporation Law), the Certificate and Bylaws and any agreements to which the Company is a party or is bound, and the Company shall have adopted and filed the Certificate of Designations with the Secretary of State of the State of Delaware who shall have accepted the Delaware, a Certificate of Designations for filingDesignation, the form of which is attached hereto as Exhibit 3.4 ("Certificate of Designation"), and the such Certificate of Designations shall Designation will be in full force and effect under the laws of the State of Delaware as of the ClosingClosing Date and will not have been amended or modified.
Appears in 2 contracts
Samples: Purchase Agreement (Universal Automotive Industries Inc /De/), Purchase Agreement (Venture Equities Management Inc)
