Common use of Amendment, Repeal, Etc Clause in Contracts

Amendment, Repeal, Etc. Notwithstanding anything contained in this Certificate of Incorporation to the contrary, the amendment or repeal of, or the adoption of any provision in a manner inconsistent with, this Article IX will (a) prior to a Trigger Event require (i) the affirmative vote of the holders of record of a majority of the issued and outstanding Class A Common Stock excluding any such holder that is an Interested Stockholder, voting separately as a single class, and (ii) the affirmative vote of the holders of a majority of the issued and outstanding Class B Common Stock, voting separately as a single class, and (b) following a Trigger Event the affirmative vote of the holders of record of a majority of the votes attributable to the issued and outstanding Class A Common Stock and Class B Common Stock voting together as a single class. The amendment or repeal of, or the adoption of any provision in a manner inconsistent with, this Article IX, and adverse to the interests of any Interested Stockholder or any of its Affiliates (as determined by the Class B Directors) will require the affirmative vote of the holders of a majority of the issued and outstanding Class B Common Stock, voting separately as a single class.

Amendment, Repeal, Etc. Notwithstanding anything contained in this Certificate of Incorporation to the contrary, the amendment or repeal of, or the adoption of any provision in a manner inconsistent with, this Article IX VI will require (a) prior to a Trigger Event require (i) the affirmative vote of the holders of record of a majority of the issued and outstanding Class A Common Stock Stock, excluding any such holder that is an Interested Stockholder, voting separately as a single class, and (ii) the affirmative vote of the holders of record of a majority of the issued and outstanding Class B Common Stock, voting separately as a single class, and (b) following a Trigger Event the affirmative vote of the holders of record of a majority of the votes attributable to the issued and outstanding Class A Common Stock and Class B Common Stock voting together as a single class. The Notwithstanding the foregoing, prior to a Trigger Event, any amendment or repeal of, or the adoption of any provision in a manner inconsistent with, with Section 5 of this Article IXVI, and adverse to the interests of any Interested Stockholder or any of its Affiliates (as determined by the Class B Directors) will shall not require the affirmative vote of the holders of record of a majority of the issued and outstanding Class B A Common Stock, excluding any such holder that is an Interested Stockholder, voting separately as a single class, unless such amendment, repeal or newly-adopted provision would adversely alter or change the relative rights, powers or privileges of the Class A Common Stock.