Amended Certificate of Incorporation definition

Amended Certificate of Incorporation means the Reorganized Debtors’ amended or amended and restated certificate of incorporation or certificate of formation, a substantially final form of which shall be contained in the Plan Supplement to the extent they contain material changes to the existing documents.

Amended Certificate of Incorporation means the second amended and restated certificate of incorporation of Reorganized FairPoint Communications, which shall comply with section 1123(a)(6) of the Bankruptcy Code and be substantially in the form contained in the Plan Supplement.

Amended Certificate of Incorporation means the amended and restated certificate of incorporation of Kitty Hawk Aircargo, as surviving entity after the mergers contemplated by Section 8.3 of the Plan, effective as of the Effective Date, substantially in the form included in the Plan Supplement.

Examples of Amended Certificate of Incorporation in a sentence

• When the Registration Statement becomes effective under the Securities Act, the Amended Certificate of Incorporation has been filed with the Secretary of State of the State of Delaware and the shares of Common Stock included in the Units have been delivered by the Company pursuant to the Underwriting Agreement against the payment of the consideration set forth in the Underwriting Agreement, the shares of Common Stock will be validly issued, fully paid and nonassessable.

• The Confirmation Order shall provide that the distribution of the New Common Stock to holders of Allowed Claims pursuant to the Plan and the Amended Certificate of Incorporation shall be exempt from any and all federal, state and local laws requiring the registration of such security, to the extent provided by section 1145 of the Bankruptcy Code.

• Each such director and officer shall serve from and after the Effective Date pursuant to applicable law and the terms of the Amended Certificate of Incorporation, the other constituent and organizational documents of the Reorganized Debtors.

• When the 462(b) Registration Statement becomes effective under the Securities Act, the Amended Certificate of Incorporation has been filed with the Secretary of State of the State of Delaware and the shares of Common Stock included in the Units have been delivered by the Company pursuant to the Underwriting Agreement against the payment of the consideration set forth in the Underwriting Agreement, the shares of Common Stock will be validly issued, fully paid and nonassessable.

• On the Effective Date, or as soon thereafter as is practicable, the Reorganized Kitty Hawk shall file with the Secretary of State of the State of Delaware, in accordance with applicable state law, the Amended Certificate of Incorporation which shall conform to the provisions of the Plan and prohibit the issuance of non- voting equity securities.

More Definitions of Amended Certificate of Incorporation

Amended Certificate of Incorporation means the Certificate of Incorporation of the Reorganized Debtor, as restated as described in Article V.D.1 of the Plan, the form of which shall be Filed on or before the Confirmation Date.

Amended Certificate of Incorporation means, with respect to a Reorganized Debtor, such Reorganized Debtor’s amended or amended and restated certificate of incorporation (including any operating agreement, memorandum of association or similar constitutional document, if any, required under the laws of such Reorganized Debtor’s jurisdiction of organization), a substantially final form of which is contained in the Plan Supplement, if it contains material changes to the existing document, and otherwise acceptable to the Plan Investor in its sole discretion, in consultation with the Debtors.

Amended Certificate of Incorporation means this Second Amended and Restated Certificate of Incorporation.

Amended Certificate of Incorporation means the certificate of incorporation or other analogous organizational document of Reorganized RAH, which shall be substantially in the form set forth in the Plan Supplement.

Amended Certificate of Incorporation means the amended and restated certificate of incorporation of Reorganized Sepco, which shall be substantially in the form attached as Exhibit D hereto as may be modified by, inter alia, filing with the Plan Supplement.

Amended Certificate of Incorporation means the amended and restated articles or certificates of incorporation (or, in the case of Bibb, the amended certificate of formation) of the Reorganized Debtors prepared pursuant to Article 7.1 of this Plan, which shall be in substantially the forms contained in the Plan Supplement.

Amended Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of Purchaser to be filed with the Secretary of State of the State of Delaware at the Closing in the form attached hereto as Exhibit A.