Common use of By the Stockholders Clause in Contracts

By the Stockholders. These Amended and Restated Bylaws may be altered, amended or repealed, in whole or in part, or new bylaws may be adopted by the affirmative vote of the holders of a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws shall have been stated in the notice of such special meeting.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (Infinity Pharmaceuticals, Inc.), Agreement and Plan of Merger (MEI Pharma, Inc.)

AutoNDA by SimpleDocs

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the voting power of all of the shares of the capital stock of the corporation issued and outstanding and entitled to vote generally in any election of directors, voting together as a single class. Such vote may be held at any annual meeting of stockholders, or at any special meeting of stockholders, stockholders provided that notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (On Semiconductor Corp), Agreement and Plan of Merger (California Micro Devices Corp), Loan and Security Agreement (Halozyme Therapeutics Inc)

By the Stockholders. These Amended and Restated Bylaws By-Laws may be altered, amended or repealed, repealed in whole or in part, or and new bylaws By-Laws may be adopted adopted, by the affirmative vote of the holders of a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of the stockholders, provided if notice of such alteration, amendment, repeal or adoption of new bylaws thereof shall have been stated be contained in the notice of such special the meeting.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hospira Inc), Agreement and Plan of Merger (Pfizer Inc)

By the Stockholders. These Amended and Restated Bylaws Except as otherwise set forth in these By-Laws, ------------------- these By-Laws may be altered, amended or repealed, in whole or in part, repealed or new bylaws By-Laws may be adopted by the affirmative vote of the holders of a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws By-Laws -------- shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (DSP Technology Inc)

By the Stockholders. These Amended and Restated Bylaws By-Laws may be altered, amended or repealed, in whole or in part, repealed or new bylaws by-laws may be adopted by the affirmative vote of the holders of a majority such percentage of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any as is provided in Article 1 hereof, provided that in the case of an annual meeting of stockholders, or at any special meeting of stockholders, provided stockholders notice of such alterationproposal to alter, amendment, amend or repeal these By-Laws or adoption of adopt new bylaws by-laws shall have been stated in the notice of such special meetingmeeting of stockholders.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

By the Stockholders. These Amended and Restated Bylaws By-laws may be altered, amended or repealed, in whole or in part, or new bylaws by-laws may be adopted by the affirmative vote of the holders of a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws by-laws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Arsanis, Inc.)

By the Stockholders. These Amended and Restated Bylaws Except as otherwise set forth in these By-laws, these By-laws may be altered, amended or repealed, in whole or in part, repealed or new bylaws By-laws may be adopted by the affirmative By-laws may be altered, amended or repealed or new By-laws may be adopted by the affirmative vote of the holders of a majority at least sixty-six and two-thirds percent (66-2/3%) of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws By-laws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Guaranty (Maxtor Corp)

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the voting power of all of the shares of the capital stock of the corporation issued and outstanding and entitled to vote generally in any election of directors, voting together as a single class. Such vote may be held at any annual meeting of WEST\224280779 368986‑000020 sf-3366658 stockholders, or at any special meeting of stockholders, stockholders provided that notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Loan and Security Agreement (Halozyme Therapeutics Inc)

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws, ------------------- these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of a majority at least sixty-six and two-thirds percent (66-2/3%) of the shares of the capital stock of the corporation Corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal repeat or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Stockholder Agreement (Mattson Technology Inc)

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws or in the Certificate of Incorporation, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the voting power of all of the shares of the capital stock of the corporation issued and outstanding and entitled to vote generally in any election of directors, voting together as a single class. Such vote may be held at any annual meeting of stockholders, or at any special meeting of stockholders, ; provided that notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.. ARTICLE VII

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kapstone Paper & Packaging Corp)

AutoNDA by SimpleDocs

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws or in the Certificate of Incorporation, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the voting power of all of the shares of the capital stock of the corporation issued and outstanding and entitled to vote generally in any election of directors, voting together as a single class. Such vote may be held at any annual meeting of stockholders, or at any special meeting of stockholders, ; provided that notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (WestRock Co)

By the Stockholders. These Amended and Restated Bylaws Except as otherwise set forth in these By- ------------------- Laws, these By-Laws may be altered, amended or repealed, in whole or in part, repealed or new bylaws by-laws may be adopted by the affirmative vote of the holders of a majority sixty-six and two-thirds percent (66-2/3%) of the shares of the capital stock of the corporation Corporation issued and outstanding and entitled to vote at any annual regular meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws by-laws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Matrixone Inc

By the Stockholders. These Amended and Restated Bylaws By-laws may be altered, amended or repealed, in whole or in part, repealed or new bylaws by-laws may be adopted by the affirmative vote of the holders of a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual regular meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws by-laws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Robcor Properties Inc)

By the Stockholders. These Amended Except as otherwise set forth in these Bylaws, and Restated subject to the Certificate of Incorporation, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the voting power of all of the shares of the capital stock of the corporation Corporation issued and outstanding and entitled to vote generally in any election of directors, voting together as a single class. Such vote may be held at any annual meeting of stockholders, or at any special meeting of stockholders, stockholders provided that notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Letter Agreement (FTAC Athena Acquisition Corp.)

By the Stockholders. These Amended and Restated Except as otherwise set forth in these Bylaws, these Bylaws may be altered, amended or repealed, in whole or in part, repealed or new bylaws Bylaws may be adopted by the affirmative vote of the holders of at least a majority of the shares of the capital stock of the corporation issued and outstanding and entitled to vote at any annual meeting of stockholders, or at any special meeting of stockholders, provided notice of such alteration, amendment, repeal or adoption of new bylaws Bylaws shall have been stated in the notice of such special meeting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CinCor Pharma, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.