Ninth Amended and Restated Certificate of Incorporation Sample Clauses

Ninth Amended and Restated Certificate of Incorporation. The Company’s Certificate of Incorporation that authorized the shares of Series F Preferred Stock to be issued and sold pursuant to this Agreement shall be in effect as of the Closing Date, and the Company shall have delivered to the Investor a copy of the Certificate of Incorporation certified as of a recent date by the Delaware Secretary of State.
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Ninth Amended and Restated Certificate of Incorporation. The Company shall have duly and properly authorized and filed with the Delaware Secretary of State the Certificate of Incorporation which shall authorize the shares of Series F Preferred Stock to be issued and sold pursuant to this Agreement, and the Certificate of Incorporation shall be in effect as of the Closing Date on the terms set forth in Exhibit B hereto. The Company shall have delivered to the Investors a copy of the Certificate of Incorporation certified as of a recent date by the Delaware Secretary of State.
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Related to Ninth Amended and Restated Certificate of Incorporation

  • Amended and Restated Certificate of Incorporation The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Certificate of Incorporation.

  • Certificate of Incorporation; Bylaws At the Effective Time, (a) the certificate of incorporation of Merger Sub, as in effect immediately prior to the Effective Time and as amended by the Certificate of Merger, shall be the certificate of incorporation of the Surviving Corporation, and (b) the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, shall be the bylaws of the Surviving Corporation.

  • Articles of Incorporation; Bylaws (a) At the Effective Time, the articles of incorporation of Merger Sub shall be the articles of incorporation of the Surviving Corporation until thereafter amended in accordance with their terms and as provided by applicable Law.

  • Amendment of Certificate of Incorporation The Corporation reserves the right at any time, and from time to time, to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, and other provisions authorized by the laws of the State of Delaware at the time in force may be added or inserted, in the manner now or hereafter prescribed by the laws of the State of Delaware, and all powers, preferences and rights of any nature conferred upon stockholders, directors or any other persons by and pursuant to this Certificate of Incorporation in its present form or as hereafter amended are granted subject to this reservation.

  • Certificate of Incorporation and By Laws of the Surviving Corporation

  • Certificate of Incorporation The certificate of incorporation of the Company in effect at the Effective Time shall be the certificate of incorporation of the Surviving Corporation until amended in accordance with applicable law.

  • Amendment of Bylaws These bylaws, including any bylaws adopted or amended by the stockholders, may be amended or repealed by the board of directors.

  • Amendment to Certificate of Incorporation The Depositor will not amend its Certificate of Incorporation or state of incorporation without prior notice to the Rating Agencies, the Indenture Trustee, and the Credit Enhancer.

  • Certificate of Incorporation; By-laws (a) At the Effective Time, the Certificate of Incorporation of the Company, as in effect immediately prior to the Effective Time, shall be the Certificate of Incorporation of the Surviving Corporation until thereafter amended as provided by law and such Certificate of Incorporation.

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