Common use of Amendment of Certificate and Bylaws Clause in Contracts

Amendment of Certificate and Bylaws. No Investor or Permitted Transferee shall consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s Certificate of Incorporation, as amended, or Bylaws inconsistent with this Article III unless BRS consents in writing thereto.

Amendment of Certificate and Bylaws. No Each Investor or and Permitted Transferee agrees that it shall not consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s Third Amended and Restated Certificate of Incorporation, as amended, Incorporation or Amended and Restated Bylaws inconsistent with this Article III of this Agreement unless BRS consents and Jefferies consent in writing thereto.

Amendment of Certificate and Bylaws. No Each Investor or and Permitted Transferee agrees that it shall not consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s Amended and Restated Certificate of Incorporation, as amended, Incorporation or Bylaws inconsistent with this Article III of this Agreement unless BRS consents and the Jefferies Funds consent in writing thereto.

Amendment of Certificate and Bylaws. No Each Investor or and Permitted Transferee agrees that it shall not consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s Amended and Restated Certificate of Incorporation, as amended, Incorporation or Bylaws inconsistent with this Article III of this Agreement unless BRS consents the JCP Funds consent in writing thereto.

Amendment of Certificate and Bylaws. No Each Investor or and Permitted Transferee agrees that it shall not consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s Certificate of Incorporation, as amended, Incorporation or Bylaws inconsistent with this Article III of this Agreement unless BRS ValueAct Capital consents in writing thereto.

Amendment of Certificate and Bylaws. No Each Investor or and Permitted Transferee agrees that it shall not consent in writing or vote or cause to be voted any shares of Common Stock now or hereafter owned or controlled by it in favor of any amendment, repeal, modification, alteration or rescission of, or the adoption of any provision in the Company’s 's Certificate of Incorporation, as amended, or Bylaws inconsistent with this Article III of this Agreement unless BRS OEP consents in writing thereto.