Examples of Amended and Restated Certificate in a sentence
The Amended and Restated Certificate of the Company shall have been duly executed by the Company and duly filed with the Secretary of State of Delaware, and the Purchaser shall have received evidence of such execution and filing.
The copies of the Fourth Amended and Restated Certificate of Incorporation and Amended and Restated Bylaws of the Company, as filed in the Company’s Annual Report on Form 10-K filed with the SEC on March 28, 2024, are true, correct and complete copies of such documents as in effect as of the date hereof.
This Agreement, including the exhibits hereto, the Amended and Restated Certificate and the other Transaction Agreements, constitute the full and entire understanding and agreement between the Parties with respect to the subject matter hereof, and any other written or oral agreement relating to the subject matter hereof existing between the Parties are expressly canceled.
On the Closing Date or as promptly as practicable thereafter, the Company shall take all necessary action to cause the appointment of a Cottonmouth Director (as defined in the Amended and Restated Certificate) to the Board, pursuant to and subject to the provisions of the Amended and Restated Certificate.
At least two Business Days prior to the Closing Date, the Purchaser shall have identified to the Company in writing the individual to initially be designated to the Board of Directors by the Purchaser in accordance with the terms of the Amended and Restated Certificate, and the Purchaser or such designee shall have delivered or caused to be delivered such customary information and documentation with respect to such designee as the Company may reasonably request.