No Amendment to Certificate of Incorporation, etc. Except as otherwise provided herein, not amend its certificate of incorporation or bylaws or other organizational documents or merge into any other corporation or change in any manner the rights of its Common Stock;
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (BMC Software Inc), Plan and Agreement of Merger (Astrotech International Corp /New), Plan and Agreement (Iteq Inc)
No Amendment to Certificate of Incorporation, etc. Except as otherwise provided herein, not Not amend its certificate of incorporation or bylaws or other organizational documents or merge or consolidate with or into any other corporation or change in any manner the rights of its Common Stockcapital stock;
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (BMC Software Inc), Agreement and Plan of Reorganization (American Millennium Corp Inc), Agreement and Plan of Reorganization (American Millennium Corp Inc)
No Amendment to Certificate of Incorporation, etc. Except as otherwise provided herein, not Not amend its certificate of incorporation or bylaws or other organizational documents or merge or consolidate with or into any other corporation or change in any manner the rights of its Common Stockcapital stock or the character of its business;
Appears in 4 contracts
Samples: Plan and Agreement of Merger (Esenjay Exploration Inc), Plan and Agreement of Merger (Iteq Inc), Plan and Agreement of Merger (Sun Sportswear Inc)
No Amendment to Certificate of Incorporation, etc. Except as otherwise provided herein, not Not amend its certificate of incorporation or bylaws or other organizational documents (including, without limitation, by way of a designation by the board of directors of rights, preferences or privileges of any series of preferred stock) or merge or consolidate with or into any other corporation or change in any manner the rights of its Common Stockcapital stock or the character of its business;
Appears in 2 contracts
Samples: Plan and Agreement (Gundle SLT Environmental Inc), Plan and Agreement of Merger (Gundle SLT Environmental Inc)
No Amendment to Certificate of Incorporation, etc. Except as otherwise provided hereinWithout the consent of Real Holdings, not amend its certificate of incorporation or bylaws or other organizational documents or merge or consolidate with or into any other corporation or change in any manner the rights of its Common Stockcapital stock or the character of its business;
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Tava Technologies Inc), Agreement and Plan of Reorganization (Real Software Acquisition Sub 1 Inc)
No Amendment to Certificate of Incorporation, etc. Except as otherwise provided herein, not Not amend its certificate of incorporation or bylaws or other organizational documents or merge into or consolidate with any other corporation or change in any manner the rights of its Common StockStock or the character of its business;
Appears in 1 contract