Second Restated Articles definition

Second Restated Articles means the Amended and Restated Memorandum and Articles of Association of the Company adopted with effect from Closing in substantially the form of Exhibit H attached hereto with such changes thereto as mutually agreed by the Company and the Purchaser.
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Second Restated Articles means the second amended and restated Memorandum and Articles of Association of the Company in the form of Exhibit B to the Subscription Agreement, to be adopted by the Company prior to Subscription Completion.
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Second Restated Articles has the meaning set forth in Section 5.01(g).
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Examples of Second Restated Articles in a sentence

  • By amendment of these Second Restated Articles of Incorporation in the manner provided in the Act, the Preferred Shares shall have such preferences, limitations, restrictions and relative voting and other rights as may be determined, in whole or in part, by the Board of Directors prior to the issuance thereof.

  • As set forth in the Second Restated Articles of Incorporation, the number of directors of the corporation shall be not less than five nor more than twelve, and within such limits, the exact number shall be fixed and increased or decreased from time to time by resolution of the Board of Directors.

  • This Agreement shall be effective upon, and subject to, the sale of Class C Preferred Stock to the ESCO Corporation Employee Stock Ownership Plan contemplated by the Second Restated Articles of Incorporation of the Company.

  • The total number of directors shall be that specified in or fixed in accordance with these Second Restated Articles of Incorporation or in the By-Laws.

  • Except as otherwise expressly provided in the Second Restated Articles of Incorporation, at each meeting of the shareholders for the election of directors at which a quorum is present, the persons receiving the greatest number of votes, up to the number of directors to be elected, shall be the directors.

  • The shareholders of the Corporation shall have the power to amend, alter to repeal any By-law only to the extent and in the manner provided in the Second Restated Articles of Incorporation of the Corporation.

  • The First Restated Articles (as of the Initial Closing) and the Second Restated Articles (as of the first Subsequent Closing) shall have been duly adopted by the Company by all necessary corporate action of its Board and its shareholders and duly filed with the Cayman Islands Registrar of Companies.

  • The First Restated Articles (as of the Initial Closing) and the Second Restated Articles (as of the first Subsequent Closing) shall have been duly adopted by the Company by all necessary corporate action by its Board and shareholders.

  • The First Restated Articles is attached hereto as Exhibit B-1, the Second Restated Articles are attached hereto as Exhibit B-2, and each PRC Company’s memorandum and articles of association (or equivalent constitutional document) and business license in effect as of the date hereof and as of the date of the first Subsequent Closing is attached to Schedule 3.9 of the Disclosure Schedule.

  • The Ordinary Shares issuable upon conversion of the Series A Shares have been duly and validly reserved for issuance and, upon issuance in accordance with the terms of the Second Restated Articles, will be duly and validly issued, fully paid, and nonassessable and will be free of restrictions on transfer other than restrictions on transfer under this Agreement and the Shareholders Agreement and under applicable securities laws.

Related to Second Restated Articles

  • Restated Articles means a single document that incorporates the articles together with all amendments made to it;

  • Amended Articles means the amended articles of JMB, reflecting the alterations to the Original Articles as provided for in the Plan, substantially in the form attached as Schedule “A” to the Plan;

  • 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.

  • Articles of Amendment means the Articles of Amendment relating to the Designated Preferred Stock, of which these Standard Provisions form a part, as it may be amended from time to time.

  • 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.

  • 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.

  • Memorandum and Articles of Association means the Memorandum and Articles of Association of the Company, as amended and restated from time to time.

  • Company Articles means the Articles of Incorporation of the Company, as amended.

  • Second Restatement Date means October 20, 2011.

  • Articles of Arrangement means the articles of arrangement of the Company in respect of the Arrangement required by the CBCA to be sent to the Director after the Final Order is made, which shall include the Plan of Arrangement and otherwise be in a form and content satisfactory to the Company and the Purchaser, each acting reasonably.

  • Articles of Agreement means the Articles of Agreement of the Bank.

  • Articles of Amalgamation means the articles of amalgamation giving effect to the Amalgamation required under the OBCA to be filed with the Director;

  • Restated Charter means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.

  • Articles of Association means the articles of association of the Company, as amended from time to time.

  • these Articles means these articles of association as altered from time to time and the expression “this article” shall be construed accordingly;

  • Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.

  • Articles of Organization means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute.

  • Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.

  • Memorandum of Agreement means the agreement executed by and between FFA and the Institution in which these Conditions have been incorporated by reference;

  • Community Charter means the Community Charter, S.B.C. 2003, c. 26, as may be amended or replaced from time to time;

  • Second Restatement Effective Date has the meaning specified in the Second Amendment Agreement.

  • Operating Agreement means this Operating Agreement as originally executed and as amended from time to time.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Restated Certificate means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.

  • the Articles means these Articles of Association of the Academy Trust;

  • Memorandum of Association means the memorandum of association of the Company, as amended or substituted from time to time;