FOURTH. The total number of shares of stock which the corporation is authorized to issue is 200,000,000 shares of common stock, having a par value of $.01 per share. FIFTH: The business and affairs of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.
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Samples: Agreement and Plan of Merger (Gold Kist Inc.), Agreement and Plan of Merger (Gold Kist Inc.)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stockCommon Stock, having a $0.001 par value of $.01 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: The business In furtherance of and affairs not in limitation of the corporation shall be managed powers conferred by or under the direction of the board of directorsstatute, and the directors need not be elected by ballot unless required by the by-laws of the corporation.it is further provided:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cornerstone BioPharma Holdings, Inc.), Agreement and Plan of Merger (Critical Therapeutics Inc)
FOURTH. The total number of shares of stock which that the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stockCommon Stock, having a par value of $.01 per share. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the corporation shall be managed by or under Corporation and for the direction purpose of creating, defining, limiting and regulating the powers of the board of directors, Corporation and the its directors need not be elected by ballot unless required by the by-laws of the corporation.and stockholders:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amazon Com Inc), Agreement and Plan of Merger (Audible Inc)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 [●] shares of common stockCommon Stock, having a par value of $.01 [●] per share. FIFTH: The business and affairs of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tribune Media Co), Agreement and Plan of Merger (Nexstar Media Group, Inc.)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stock, having a par value of $.01 0.0001 per share. FIFTH: The business name and affairs mailing address of the corporation shall be managed by or under the direction of the board of directorsincorporator is [●], and the directors need not be elected by ballot unless required by the by-laws of the corporation[●].
Appears in 1 contract
Samples: Business Combination Agreement (Frazier Lifesciences Acquisition Corp)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stockCommon Stock, having a par value of $.01 0.001 per share. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the corporation shall be managed by or under the direction Corporation, and for further definition, limitation and regulation of the board of directors, and the directors need not be elected by ballot unless required by the by-laws powers of the corporation.Corporation and of its directors and stockholders:
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FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 shares of common stock1,000 shares, having a $.001 par value of $.01 per share, all of which are the same class and all of which are designated as common shares. FIFTH: The business name and affairs mailing address of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.incorporator are as follows: NAME:
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FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 shares of common stockone thousand (1,000) shares, having a par value of $.01 0.004 per share. All such shares shall be of one class and shall be designated Common Stock. FIFTH: The business name and affairs the mailing address of the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporationincorporator are as follows: .
Appears in 1 contract
Samples: Agreement and Plan of Merger (Velocity Express Corp)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 one thousand (1,000), consisting of one thousand (1,000) shares of common stock, having a $0.01 par value of $.01 per share. FIFTH: The business and affairs of the corporation Corporation shall be managed by or and under the direction of the board Board of directors, and the Directors. The exact number of directors need not be elected by ballot unless required by the by-laws of the corporationCorporation shall be fixed by or in the manner provided in the Bylaws of the Corporation (the “Bylaws”).
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Commercial Lines Inc.)
FOURTH. The total number of shares of capital stock which that the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stock, having a par value of $.01 0.01 per share. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the corporation shall be managed by or under Corporation and for the direction purpose of creating, defining and regulating the powers of the board of directors, Corporation and the its directors need not be elected by ballot unless required by the by-laws of the corporation.and stockholders:
Appears in 1 contract
Samples: Agreement and Plan of Merger (HUGHES Telematics, Inc.)
FOURTH. The total number of shares of capital stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 one hundred (100) shares, which shall be shares of common stock, having stock with a par value of $.01 0.01 per share. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the corporation shall be managed by or under the direction Corporation, and for further definition, limitation and regulation of the board of directors, and the directors need not be elected by ballot unless required by the by-laws powers of the corporation.Corporation and of its directors and stockholders:
Appears in 1 contract
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stockCommon Stock, each having a par value of $.01 per share0.001. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the corporation shall be managed by or under the direction Corporation, and for further definition, limitation and regulation of the board of directors, and the directors need not be elected by ballot unless required by the by-laws powers of the corporation.Corporation and of its directors and stockholders:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alpine Immune Sciences, Inc.)
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 1,000 shares of common stockCommon Stock, each having a par value of $.01 0.0001 per share. FIFTH: The following provisions are inserted for the management of the business and the conduct of the affairs of the corporation shall be managed by or under the direction Corporation, and for further definition, limitation and regulation of the board of directors, and the directors need not be elected by ballot unless required by the by-laws powers of the corporation.Corporation and of its directors and stockholders:
Appears in 1 contract
FOURTH. The total number of shares of capital stock which that the corporation is authorized Corporation shall have authority to issue is 200,000,000 one thousand (1,000) shares of common stock, having a par value of $.01 0.01 per share. FIFTH: The business In furtherance and affairs not in limitation of the corporation shall be managed powers conferred by or under statute, the direction Board of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.Directors is expressly authorized:
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FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have authority to issue is 200,000,000 ten thousand (10,000) shares of common stockCommon Stock, having a par value of $.01 0.01 per share. share FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the corporation shall be managed by or under Corporation and for the direction purpose of creating, defining, limiting and regulating the powers of the board of directors, Corporation and the its directors need not be elected by ballot unless required by the by-laws of the corporation.and stockholders:
Appears in 1 contract
FOURTH. The total number of shares of stock which the corporation is authorized Corporation shall have the authority to issue is 200,000,000 1,400,000,000 shares of common stock, having a par value of $.01 0.001 per shareshare (the “Common Stock”). FIFTH: The business rights, preferences, privileges and affairs of restrictions granted or imposed upon the corporation shall be managed by or under the direction of the board of directors, and the directors need not be elected by ballot unless required by the by-laws of the corporation.Common Stock are as follows:
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