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.
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.
Company Certificate of Incorporation means the certificate of incorporation of the Company.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Certificate of Incorporation means the certificate of incorporation of the Company, as may be amended and/or restated from time to time.
Parent Bylaws means the Bylaws of Parent.
Company Bylaws means the bylaws of the Company, as amended.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Company Charter means the certificate of incorporation of the Company, as amended.
Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.
Share Designation has the meaning assigned to such term in Section 3.2(b).
Parent Charter means the Certificate of Incorporation of Parent, as from time to time amended.
Restated Charter means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.
Company Articles means the Articles of Incorporation of the Company, as amended.
Parent Recommendation has the meaning set forth in Section 5.2(b).
Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as amended and restated from time to time.
Instrument of Incorporation means the instrument of incorporation of the ICAV;
Company Charter Documents means the Company’s certificate of incorporation and bylaws, each as amended to the date of this Agreement.
DGCL means the General Corporation Law of the State of Delaware.
Merger Agreement has the meaning set forth in the Recitals.
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.
Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.
Community Charter means the Community Charter, S.B.C. 2003, c. 26, as may be amended or replaced from time to time;
Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.
Business Combination Agreement shall have the meaning given in the Recitals hereto.
Restated Certificate means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.