Buyer A&R Bylaws has the meaning set forth in the Recitals.
Buyer A&R Bylaws has the meaning set forth in the recitals to this Agreements.
Company Bylaws means the bylaws of the Company, as amended.
Parent Bylaws means the Bylaws of Parent.
Zoning Bylaw means City of Kelowna Zoning Bylaw No. 8000, as amended or replaced from time to time.
Company Charter means the certificate of incorporation of the Company, as amended.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as amended and restated from time to time.
Company Certificate of Incorporation means the certificate of incorporation of the Company.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Company Articles means the Articles of Incorporation of the Company, as amended.
Parent Charter means the Certificate of Incorporation of Parent, as from time to time amended.
Articles of Incorporation means the Articles of Incorporation of the Company, as 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.
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.
Certificate of Incorporation means the certificate of incorporation of the Company, as may be amended and/or restated from time to time.
Memorandum and Articles means the amended and restated memorandum and articles of association of the Company currently in effect, as may be amended or restated from time to time.
Merger Sub Board means the board of directors of Merger Sub.
Company Shareholder Approval has the meaning set forth in Section 4.03(d).
Instrument of Incorporation means the instrument of incorporation of the ICAV;
Disinterested Shareholder Approval means approval by a majority of the votes cast by all the Company’s shareholders at a duly constituted shareholders’ meeting, excluding votes attached to Common Shares beneficially owned by Insiders who are Service Providers or their Associates;
Articles of Association means the articles of association of the Company, as amended from time to time.
Land Use Bylaw means Bylaw 75 of the Municipality, approved on August 6, 1992, as amended, or successor bylaws.
Governing Documents means, with respect to any Person, the certificate or articles of incorporation, by-laws, or other organizational documents of such Person.
Shareholder Rights Plan means the amended and restated shareholder rights plan agreement dated as of November 10, 2015 between Parent and American Stock Transfer and Trust Company, LLC, as rights agent, as amended and restated as of April 18, 2016, as further amended, restated, succeeded or replaced from time to time, and any similar plan adopted from time to time;
Parent Shareholder Approval means the affirmative vote of the holders of a majority of the votes cast by holders of outstanding shares of Parent Stock on the proposal to approve the issuance of Parent Stock as provided in this Agreement at the Parent Special Meeting.
Company Governing Documents means the Company Bylaws and the Company Certificate.
Parent Stockholder Approval means the approval of the Parent Common Stock Issuance by the affirmative vote of a majority of the votes cast at the Parent Stockholders Meeting in accordance with the rules and regulations of the NYSE and the Organizational Documents of Parent.