Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Company Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company as amended and restated and as in effect as of the date hereof.
Certificate of Incorporation means the Certificate of Incorporation of the Company, as amended from time to time.
Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.
Instrument of Incorporation means the instrument of incorporation of the ICAV;
Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.
Parent Bylaws means the Bylaws of Parent.
Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as the same may be amended from time to time.
Company Charter means the certificate of incorporation of the Company, as amended.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Company Charter Documents means the Company’s certificate of incorporation and bylaws, each as amended to the date of this Agreement.
Reorganization Agreement has the meaning set forth in the recitals.
Company Bylaws means the bylaws of the Company, as amended.
Certification of Incorporation means the restated certificate of incorporation of the Corporation, as it may be amended from time to time, and shall include this Certificate of Designations.
Certificate of Arrangement means the certificate of arrangement to be issued by the Director pursuant to subsection 192(7) of the CBCA in respect of the Articles of Arrangement;
Articles of Association means the Articles of Association of the Company, as amended and restated from time to time.
State of Incorporation means Delaware.
Parent Charter means the Certificate of Incorporation of Parent, as from time to time amended.
Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.
Memorandum of Association means the memorandum of association of the Company, as amended or substituted from time to time;
Reorganization Plan means a plan of reorganization in any of the Cases.
Certificate of Amendment means the Certificate of Amendment to Amended and Restated Certificate of Incorporation of the Company, substantially in the form attached to this Agreement as Exhibit A.
Series B Certificate of Designations has the meaning set forth in the recitals hereto.
Certificate of Amalgamation means the certificate of amalgamation to be issued by the Director in respect of the Amalgamation;
Series B Certificate of Designation means the Certificate of Designation of the Powers, Preferences and Relative, Participating, Optional and Other Special Rights of 8% Series B Convertible Redeemable Preferred Stock and Qualifications, Limitations and Restrictions Thereof.