Stockholder Vote Required. The affirmative vote of the holders of a 66 2/3% of the outstanding shares of Company Common Stock is the only vote of the holders of any class or series of capital stock of the Company necessary to approve the Merger, this Agreement, the Preference Amendment and the transactions contemplated hereby under the DGCL and the Company's Certificate of Incorporation.
Appears in 2 contracts
Samples: Recapitalization Agreement and Plan of Merger (Westaff Inc), Recapitalization Agreement and Plan of Merger (Cornerstone Equity Investors Iv Lp)
Stockholder Vote Required. The affirmative vote of the holders of a 66 2/3% majority of the outstanding shares of Company Common Stock is the only vote of the holders of any class or series of capital stock of the Company necessary to approve the Merger, this Agreement, the Preference Amendment and the transactions contemplated hereby under the DGCL and the Company's Certificate of Incorporationhereby.
Appears in 2 contracts
Samples: Recapitalization Agreement and Plan of Merger (Equitrac Corporation), Recapitalization Agreement and Plan of Merger (Equitrac Corporation)
Stockholder Vote Required. The affirmative vote of a majority of the votes entitled to be cast by holders of a 66 2/3% of the outstanding shares of Company Common Stock is (voting as a class) are the only vote votes of the holders of any class or series of the Company's capital stock of the Company necessary to approve the Merger, this Agreement, the Preference Amendment Agreement and the transactions contemplated hereby Merger under the DGCL and the Company's Certificate of IncorporationDelaware Law.
Appears in 1 contract
Stockholder Vote Required. The affirmative vote of the holders of a 66 2/3% majority of the outstanding shares of Company Common Stock is the only vote of the holders of any class or series of the Company's capital stock of the Company necessary (under applicable law or otherwise) to approve the Merger, this Agreement, the Preference Amendment Merger and the transactions contemplated hereby under the DGCL and the Company's Certificate of Incorporationhereby.
Appears in 1 contract
Stockholder Vote Required. The affirmative vote of a majority of the votes entitled to be cast by holders of a 66 2/3% of the outstanding shares of Company Common Stock is (voting as a class) are the only vote votes of the holders of any class or series of the Company's capital stock of the Company necessary to approve the Merger, this Agreement, the Preference Amendment Agreement and the transactions contemplated hereby Merger under the DGCL and the Company's Certificate of IncorporationColorado Law.
Appears in 1 contract
