Amendment of Charter. Amend, modify or waive any term or provision of its corporate charter, unless required by law.
Amendment of Charter. Amend the Amended and Restated Certificate of Incorporation of Parent in a manner that would materially and adversely affect the holders of capital stock of Company (upon their acquisition of Parent Common Stock) relative to other holders of Parent Common Stock;
Amendment of Charter. The Charter of the Company shall have been amended to include (a) substantially the provisions set forth in Exhibit A relating to the Series B Preferred Stock and (b) such revisions of the certificate of designation relating to the Series A Preferred Stock as may be necessary to permit the transactions contemplated hereby, and, except as so amended, the Charter shall not have been amended or modified without the Purchaser's prior written consent.
Amendment of Charter. Any amendment, alteration or repeal of any provision of the charter or bylaws of the Corporation that would alter or change the voting powers, preferences or special rights of the Series A Preferred Stock so as to affect them adversely; provided, however, that the amendment of the charter so as to authorize or create, or to increase the authorized amount of (x) any class or series of capital stock that does not rank senior to the Series A Preferred Stock in either the payment of dividends or in the distribution of assets on any liquidation, dissolution or winding up of the Corporation or (y) any securities (other than capital stock of the Corporation) convertible into any class or series of capital stock that does not rank senior to the Series A Preferred Stock in either the payment of dividends or in the distribution of assets on any liquidation, dissolution or winding up of the Corporation shall not be deemed to affect adversely the voting powers, preferences or special rights of the Series A Preferred Stock;
Amendment of Charter. Holder acknowledges the covenant set for in Section 5.1 of the Purchase Agreement whereby, following the Maturity Date (as defined in the Note), the Company undertakes to amend the Charter, upon request of the Supermajority Investors, to authorize such additional shares of Series C Preferred Stock as would be sufficient to effect the exercise of this Warrant hereunder.
Amendment of Charter. To the extent that pursuant to applicable law the legality, validity or enforceability of any of the provisions contained in this Agreement now or at any time hereafter requires that such provisions, or a reference to such provisions, be contained in the Company's Charter, or requires any amendment to the Company's Charter, then the Parties shall cause the Company to take such action as may be necessary to supplement or amend the Charter as so required, and each of the Parties hereby consents to such amendment to the fullest extent permitted by law. Without limiting the generality of the foregoing, the Parties shall take such action as may be necessary to supplement or amend the Charter to reflect, and not conflict or be inconsistent with, the provisions of this Agreement. The Parties also agree, to the extent permitted by law, to waive any rights or privileges granted to them (including but not limited to redemption rights, rights of first refusal and the like) by applicable law or the Charter that conflict or are inconsistent with the terms and conditions of this Agreement.
Amendment of Charter. Unless Holder consents thereto in writing, Company shall not amend its Charter prior to the exercise of this Warrant if the Common Stock would be adversely affected by such amendment in a manner that would be more adverse to Holder with respect to the shares of Common Stock issuable upon the exercise of this Warrant than, and substantially dissimilar to, such amendment’s effect on the other holders of Common Stock.
Amendment of Charter. Except as may be necessitated by this ---------------------- Agreement, neither the Seller nor any of the Subsidiaries will amend or cause to be amended its respective Articles of Incorporation, Articles of Organization, Operating Agreement, Bylaws or other organizational documents.
Amendment of Charter. The Company will not amend its Certificates of Incorporation or By-Laws or make any change in the authorized or unissued capital stock or its officers or directors without the prior written consent of Buyer.
Amendment of Charter. The Company shall have amended its Charter to read as set forth in Exhibit A hereto.
