Examples of Amended Company Charter in a sentence
Subject to the provisions of Section 5.6, the Proxy Statement shall include the recommendation of the Board of Directors of the Company that the stockholders of the Company vote in favor of and approve the Amended Company Charter and the issuance of Company Common Stock pursuant to this Agreement.
Subject to the execution of an agreement between the Company Special Committee and the Company Founders regarding the Amended Company Charter and the Class B Share Exchange, and the approval thereof by the High Vote Company Stockholder Approval, the Company shall file the Amended Company Charter with the Secretary of State of the State of Nevada and consummate the Class B Share Exchange, in each case, effective immediately prior to the Effective Time.
Subject to the provisions of Section 5.6, the Proxy Statement shall include the recommendation of the Board of Di- rectors of the Company that the shareholders of the Company vote in favor of and approve the Amended Company Charter and the issuance of Company Common Stock pursuant to this Agree- ment.
Each Securityholder adopts and approves the Amended Company Charter and consents to its filing with the Secretary of State of the State of Delaware.
Forms of the New Common Stock Private Placement --------------- Agreement, Management Incentive Stock Option Agreement, the Liquidating Trust Agreement, the Amended Company Charter, the New EC Note and the New Credit Agreement or the Residual Note shall be contained in a separate Plan Supplement which shall be filed with the Bankruptcy Court not later than five (5) Business Days prior to the date fixed for filing objections to the Plan.
No Recourse 52 Exhibit A Form of Warrants Exhibit B Form of Stockholders’ Agreement Exhibit C Form of Amended Company Charter INVESTMENT AGREEMENT (this “Agreement”) dated as of September 26, 2008, between INTERSTATE BAKERIES CORPORATION, a Delaware corporation (the “Company”), and IBC INVESTORS I, LLC, a Delaware limited liability company (“Investor”).
The affirmative vote of the holders of at least a majority (but not necessarily all such holders) of the outstanding shares of each of the Company Series A Preferred Stock and the Company Series B Preferred Stock, in each case voting separately as a class, is required to approve and adopt the amendment to the Certificate of Incorporation of the Company (the "Amended Company Charter") necessary for the Company to consummate the transactions set forth herein.
The Company Shares to be issued and sold by the Company to the Purchasers in accordance with the terms of this Agreement have been duly authorized (other than the filing of the Amended Company Charter) and when issued as contemplated hereby at the Closing, will be validly issued, fully paid and non-assessable.
The Amended Company Charter will have been duly filed with the Secretary of State of the State of Delaware prior to the Common Stock Offering.