Restated Charter. The Restated Charter shall have been duly filed with and accepted by the Secretary of State of the State of Delaware.
Restated Charter. The Company shall have filed the Restated Charter with the Secretary of State of Georgia on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.
Restated Charter. On or prior to the Initial Closing, the Company shall have filed its Seventh Amended and Restated Certificate of Incorporation, in the form attached hereto as Exhibit D (the “Restated Charter”) with the Secretary of State of the State of Delaware.
Restated Charter. At the Closing but prior to the Effective Time, the Company shall duly execute and file the Restated Charter with the Secretary of State, as provided in Section 245 of the DGCL, so that the Restated Charter shall be in effect and operative as the Certificate of Incorporation of the Company at the Effective Time (the date and time of such Restated Charter filing being referred to herein as the "Amendment Time").
Restated Charter. 6 2.3 Closing...................................................... 6 ARTICLE 3
Restated Charter. 8 2.2 Authorization of Issuance of Purchased Securities..........................................................8 2.3
Restated Charter. Prior to the Closing, the Company has filed with the Secretary of State of the State of Utah the Restated Charter. The Restated Charter designates 100,000 shares of Series A Preferred Stock and sets forth the powers, preferences and relative, participating, optional or other special rights and qualifications, limitations or restrictions thereof.
Restated Charter. The Amended and Restated Certificate of Incorporation of Buyer (the "Restated Charter") shall have been duly filed with the Secretary of State of Delaware.
Restated Charter. The shares of Series B Preferred Stock issued ---------------- as Purchased Shares shall have the preferences and rights set forth in the Restated Charter.
Restated Charter. The Board of Directors of the Company shall have duly and validly adopted the Restated Charter and the Restated Charter shall be operative and in full force and effect (the conditions set forth in this Section 6.5, together with the conditions set forth in Section 6.3, the “Investment Conditions”); provided, however, that no Purchaser shall waive the condition set forth in this Section 6.5 without first providing the Company with an opportunity to satisfy such condition (it being understood that the Company shall exercise reasonable best efforts to cause this condition to be satisfied no later than as promptly as practicable following satisfaction of each of the other conditions in this Section 6 and Section 7 (other than any such conditions that, by their nature, are to be satisfied at the Closing)).
