Amendment to Certificate of Incorporation. The Company shall: (a) cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D (the “Certificate Amendment”); and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware and cause the Certificate Amendment to take effect prior to the Closing Date.
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Samples: Agreement and Plan of Merger (Acquicor Technology Inc), Agreement and Plan of Merger (Conexant Systems Inc)
Amendment to Certificate of Incorporation. The Company shall: (a) use commercially reasonable efforts to cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D (the “Certificate Amendment”); and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware promptly after being requested to do so by Parent and cause the Certificate Amendment to take effect prior to the Closing DateEffective Time.
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Samples: Agreement of Merger (Oclaro, Inc.)
Amendment to Certificate of Incorporation. The Company shall: (a) cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D F (the “Certificate Amendment”); and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware and cause the Certificate Amendment to take effect prior to the Closing Date.
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Amendment to Certificate of Incorporation. The Company shall: shall (a) cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D H (the “Certificate Amendment”); , and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware and cause the Certificate Amendment to take effect prior to the Closing Date.
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Amendment to Certificate of Incorporation. The Company shall: shall (a) cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D F (the “Certificate Amendment”); , and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware and cause the Certificate Amendment to take effect prior to the Closing Date.
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Amendment to Certificate of Incorporation. The Company shall: (a) use commercially reasonable efforts to cause to be adopted an amendment to the Company’s certificate of incorporation in the form of Exhibit D (the “Certificate Amendment”); and (b) file the Certificate Amendment with the Secretary of State of the State of Delaware promptly after being requested to do so by Parent and cause the Certificate Amendment to take effect prior to the Closing Dateupon filing.
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