Amended and Restated Certificate of Incorporation. Prior to the Merger, the Company shall adopt and file with the Secretary of State of Delaware an Amended and Restated Certificate of Incorporation substantially in the form attached as Exhibit O hereto.
Appears in 1 contract
Samples: Form of Agreement (Healthextras Inc)
Amended and Restated Certificate of Incorporation. Prior to the MergerFirst Tranche Closing (as defined below), the Company shall adopt and file with the Secretary of State of Delaware the State of Delaware, an Amended and Restated Certificate of Incorporation (the “Restated Certificate”), substantially in the form attached hereto as Exhibit O hereto.B.
Appears in 1 contract
Samples: Note Subscription Agreement (Ellipse Technologies Inc)
Amended and Restated Certificate of Incorporation. Prior to the Merger, the The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing Date an Amended and Restated Certificate of Incorporation substantially Incorporation, in the form of Exhibit B attached as Exhibit O heretoto this Agreement (the "Amended and Restated Certificate").
Appears in 1 contract
Amended and Restated Certificate of Incorporation. Prior to the Merger, the The Company shall adopt and file with the Secretary of State of the State of Delaware an Amended and Restated Certificate of Incorporation substantially in the form attached hereto as Exhibit O heretoA (the "Restated Certificate").
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Metacreations Corp)
