Common use of FOURTH Clause in Contracts

FOURTH. The total number of shares of stock that the Corporation shall have authority to issue is 1,000 shares of Common Stock, par value $.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 and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Amazon Com Inc), Agreement and Plan of Merger (Audible Inc)

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

Appears in 2 contracts

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

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 [●] shares of Common Stock, par value $.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 and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:.

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 that which the Corporation shall have authority corporation is authorized to issue is 1,000 200,000,000 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 and for corporation shall be managed by or under the purpose of creating, defining, limiting and regulating the powers direction of the Corporation board of directors, and its the directors and stockholders: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 (Gold Kist Inc.), Agreement and Plan of Merger (Gold Kist Inc.)

FOURTH. The total number of shares of stock that which the Corporation shall have the authority to issue is 1,000 1,400,000,000 shares of Common Stockcommon stock, par value $.01 0.001 per shareshare (the “Common Stock”). FIFTH: The following provisions rights, preferences, privileges and restrictions granted or imposed upon the Common Stock are inserted for the management of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholdersas follows:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Calpine Corp)

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 ten thousand (10,000) shares of Common Stock, par value $.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 and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Pactiv Corp)

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 one thousand (1,000), consisting of one thousand (1,000) shares of Common Stockcommon stock, $0.01 par value $.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 and for under the purpose direction of creating, defining, limiting and regulating the powers Board of Directors. The exact number of directors of the Corporation and its directors and stockholders: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 stock that which the Corporation shall have authority to issue is 1,000 shares of Common Stock, each having a par value of $.01 per share0.001. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation Corporation, and for the purpose further definition, limitation and regulation of creating, defining, limiting and regulating the powers of the 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 that which the Corporation shall have authority to issue is 1,000 shares of Common Stock, having a par value of $.01 0.001 per share. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation Corporation, and for the purpose further definition, limitation and regulation of creating, defining, limiting and regulating the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dts, Inc.)

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 shares of Common 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 for the conduct of the affairs of the Corporation Corporation, and for the purpose further definition, limitation and regulation of creating, defining, limiting and regulating the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Panera Bread Co)

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FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 shares of Common Stockcommon stock, par value $.01 0.0001 per share. FIFTH: The following provisions are inserted for the management name and mailing address of the business and for the conduct of the affairs of the Corporation and for the purpose of creatingincorporator is [●], defining, limiting and regulating the powers of the Corporation and its directors and stockholders:[●].

Appears in 1 contract

Samples: Business Combination Agreement (Frazier Lifesciences Acquisition Corp)

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 shares of Common Stockone thousand (1,000) shares, par value $.01 0.004 per share. All such shares shall be of one class and shall be designated Common Stock. FIFTH: The following provisions are inserted for name and the management mailing address of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholders:incorporator are as follows: .

Appears in 1 contract

Samples: Agreement and Plan of Merger (Velocity Express Corp)

FOURTH. The total number of shares of stock that which the Corporation shall have authority to issue is 1,000 shares of Common Stockshares, $.001 par value $.01 per share, all of which are the same class and all of which are designated as common shares. FIFTH: The following provisions are inserted for the management name and mailing address of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholdersincorporator are as follows: NAME:

Appears in 1 contract

Samples: Acquisition Agreement (All State Properties Lp)

FOURTH. The total number of shares of capital stock that which the Corporation shall have authority to issue is 1,000 one hundred (100) shares, which shall be shares of Common Stock, common stock with a par value of $.01 0.01 per share. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation Corporation, and for the purpose further definition, limitation and regulation of creating, defining, limiting and regulating the powers of the Corporation and of its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kite Pharma, Inc.)

FOURTH. The total number of shares of capital stock that the Corporation shall have authority to issue is 1,000 one thousand (1,000) shares of Common Stockcommon stock, par value $.01 0.01 per share. FIFTH: The following provisions are inserted for the management In furtherance and not in limitation of the business and for powers conferred by statute, the conduct Board of the affairs of the Corporation and for the purpose of creating, defining, limiting and regulating the powers of the Corporation and its directors and stockholdersDirectors is expressly authorized:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Crompton Corp)

FOURTH. The total number of shares of capital stock that the Corporation shall have authority to issue is 1,000 shares of Common Stockcommon stock, par value of $.01 0.01 per share. FIFTH: The following provisions are inserted for the management of the business and for the conduct of the affairs of the Corporation and for the purpose of creating, defining, limiting defining and regulating the powers of the Corporation and its directors and stockholders:

Appears in 1 contract

Samples: Agreement and Plan of Merger (HUGHES Telematics, Inc.)

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