Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand shares of Common Stock, $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 2 contracts

Sources: Merger Agreement (Millennium Pharmaceuticals Inc), Merger Agreement (Millennium Pharmaceuticals Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of the State of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 2 contracts

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

FOURTH. The total number of shares of stock which that the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 par value $.01 per share. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below following provisions are inserted for the number of shares thereof then outstanding) by the affirmative vote management of the holders of a majority business and for the conduct of the stock affairs of the Corporation entitled to voteand for the purpose of creating, irrespective defining, limiting and regulating the powers of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further providedits directors and stockholders:

Appears in 2 contracts

Sources: Merger Agreement (Amazon Com Inc), Merger Agreement (Audible Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority corporation is authorized to issue is one thousand 200,000,000 shares of Common Stockcommon stock, $0.001 having a par value of $.01 per share. FIFTH: The number business and affairs of authorized shares the corporation shall be managed by or under the direction of Common Stock may the board of directors, and the directors need not be increased or decreased (but not below the number of shares thereof then outstanding) elected by ballot unless required by the affirmative vote by-laws of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:corporation.

Appears in 2 contracts

Sources: Merger Agreement (Gold Kist Inc.), Merger Agreement (Gold Kist Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority corporation is authorized to issue is one thousand shares of Common Stockcommon stock, $0.001 having a par value of $.01 per share. FIFTH: The number business and affairs of authorized shares the corporation shall be managed by or under the direction of Common Stock may the board of directors, and the directors need not be increased or decreased (but not below the number of shares thereof then outstanding) elected by ballot unless required by the affirmative vote by-laws of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:corporation.

Appears in 1 contract

Sources: Merger Agreement (Moscow Cablecom Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 each having a par value per shareof $0.001. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below following provisions are inserted for the number of shares thereof then outstanding) by the affirmative vote management of the holders of a majority business and the conduct of the stock affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation entitled to vote, irrespective and of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of its directors and not in limitation of powers conferred by statute, it is further providedstockholders:

Appears in 1 contract

Sources: Merger Agreement (Alpine Immune Sciences, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is One Thousand (1,000) shares. The par value of each such share is $0.001. All such shares are of one thousand class and are shares of Common Stock, $0.001 par value per share. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote Corporation is to have perpetual existence. SIXTH: The personal liability of the holders of a majority of the stock directors of the Corporation entitled is hereby eliminated to vote, irrespective the fullest extent permitted by paragraph (7) of the provisions subsection (b) of Section 242(b)(2) 102 of the General Corporation Law of the State of Delaware. FIFTH: In furtherance of , as the same may be amended and not in limitation of powers conferred by statute, it is further provided:supplemented.

Appears in 1 contract

Sources: Merger Agreement (Biosite Inc)

FOURTH. The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is one thousand 100 shares of Common Stock, $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of DelawareDGCL. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Agreement and Plan of Merger (MEI Pharma, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 0.01 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Office Depot Inc)

FOURTH. The total number of shares of stock which the Corporation shall have the authority to issue is one thousand 1,400,000,000 shares of common stock, par value $0.001 per share (the “Common Stock, $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware”). FIFTH: In furtherance of The rights, preferences, privileges and not in limitation of powers conferred by statute, it is further providedrestrictions granted or imposed upon the Common Stock are as follows:

Appears in 1 contract

Sources: Merger Agreement (Calpine Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 100 shares of Common Stock, $0.001 0.01 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Constant Contact, Inc.)

FOURTH. The total number of shares of all classes of stock which that the Corporation shall have authority to issue is one thousand 5,000 shares of Common Stock, $0.001 par value $0.0001 per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) FIFTH: Unless required by the affirmative vote Bylaws, the election of the holders Board of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and Directors need not in limitation of powers conferred be by statute, it is further provided:written ballot.

Appears in 1 contract

Sources: Merger Agreement (Cogentix Medical Inc /De/)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of DelawareDGCL. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Arsanis, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, having a par value of $0.001 par value per share. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below following provisions are inserted for the number of shares thereof then outstanding) by the affirmative vote management of the holders of a majority business and the conduct of the stock affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation entitled to vote, irrespective and of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of its directors and not in limitation of powers conferred by statute, it is further providedstockholders:

Appears in 1 contract

Sources: Merger Agreement (Dts, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one ten thousand (10,000) shares of Common Stock, $0.001 par value $0.01 per share. share FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below following provisions are inserted for the number of shares thereof then outstanding) by the affirmative vote management of the holders of a majority business and for the conduct of the stock affairs of the Corporation entitled to voteand for the purpose of creating, irrespective defining, limiting and regulating the powers of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further providedits directors and stockholders:

Appears in 1 contract

Sources: Merger Agreement (Pactiv Corp)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 100 shares of Common Stockcommon stock, $0.001 0.00001 par value per shareshare (“Common Stock”). The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of DelawareDGCL. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Allovir, Inc.)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand shares of Common Stock, par value $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to votevote thereon, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (Trimeris Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 1,000 shares of Common Stock, $0.001 each having a par value of $0.0001 per share. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below following provisions are inserted for the number of shares thereof then outstanding) by the affirmative vote management of the holders of a majority business and the conduct of the stock affairs of the Corporation, and for further definition, limitation and regulation of the powers of the Corporation entitled to vote, irrespective and of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of its directors and not in limitation of powers conferred by statute, it is further providedstockholders:

Appears in 1 contract

Sources: Merger Agreement (Panera Bread Co)

FOURTH. The total number of shares of stock which the Corporation shall have authority to issue is one thousand 100 shares of Common Stock, $0.001 0.01 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of the State of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:

Appears in 1 contract

Sources: Merger Agreement (First Marblehead Corp)

FOURTH. The total number of shares of capital stock which that the Corporation shall have has the authority to issue is one thousand shall be 1,000 shares of Common Stockcommon stock, par value $0.001 par value per share. The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock of the Corporation entitled to vote, irrespective of the provisions of Section 242(b)(2) of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further providedprovided that:

Appears in 1 contract

Sources: Agreement and Plan of Merger (Rubios Restaurants Inc)

FOURTH. The total number of shares of stock which the Corporation shall have authority is authorized to issue is one thousand 1,000 shares of Common Stockcommon stock, having a par value of $0.001 par value per share. FIFTH: The number of authorized shares of Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of a majority of the stock business and affairs of the Corporation entitled to vote, irrespective shall be managed by or under the direction of the provisions board of Section 242(b)(2) directors, and the directors need not be elected by ballot unless required by the bylaws of the General Corporation Law of Delaware. FIFTH: In furtherance of and not in limitation of powers conferred by statute, it is further provided:(the “Bylaws”).

Appears in 1 contract

Sources: Merger Agreement (Y-mAbs Therapeutics, Inc.)