Common use of Amended and Restated Certificate of Incorporation Clause in Contracts

Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation shall have been filed with the Secretary of State of the State of Delaware, and the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurred.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Bluestem Brands, Inc.), Stock Purchase Agreement (Bluestem Brands, Inc.), Series D Preferred Stock and Warrant Purchase Agreement (Nanosphere Inc)

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Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation shall have been filed with and accepted by the Delaware Secretary of State of the State of Delaware, and the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurredState.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (XDx, Inc.), Information and Registration Rights Agreement (Microcide Pharmaceuticals Inc)

Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation of the Company, as set forth on Exhibit D attached hereto, shall have been filed with the Delaware Secretary of State of the State of Delaware, and the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurredState.

Appears in 1 contract

Samples: Securities Purchase Agreement (Eloquent Inc)

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Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation shall have been filed with the office of the Delaware Secretary of State and shall be in effect as of the State of Delaware, and the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurredEffective Date.

Appears in 1 contract

Samples: Commitment Agreement (Cooper-Standard Holdings Inc.)

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