Common use of Amended and Restated Constituent Documents Clause in Contracts

Amended and Restated Constituent Documents. The Company shall have adopted an Amended and Restated Certificate of Incorporation, Amended and Restated Bylaws and Certificate of Designations, Voting Power and Rights of New Preferred Stock with terms consistent with this Agreement and in form and substance reasonably satisfactory to the Plan Sponsors.

Appears in 2 contracts

Samples: Equity Purchase and Commitment Agreement, Equity Purchase and Commitment Agreement

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Amended and Restated Constituent Documents. The Company shall have adopted an Amended and Restated Certificate of Incorporation, Amended and Restated Bylaws and Certificate of Designations, Voting Power and Rights of New Preferred Stock with terms that are consistent with this Agreement Agreement, including, without limitation, Exhibit B hereto, and in form and substance reasonably satisfactory to the Plan SponsorsSponsorBackstop Party Majority (after consultation with the Backstop Representative).

Appears in 1 contract

Samples: Equity Purchase and Commitment Agreement

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Amended and Restated Constituent Documents. The Company shall have adopted an Amended and Restated Certificate of Incorporation, Amended and Restated Bylaws and Certificate of Designations, Voting Power and Rights of New Preferred Stock with terms consistent with this Agreement and in form and substance reasonably satisfactory to the Plan SponsorsSponsor.

Appears in 1 contract

Samples: Equity Purchase and Commitment Agreement

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