Common use of Certificate of Designations Clause in Contracts

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There shall have been no changes to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. There The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.Purchaser Counsel;

Certificate of Designations. The Certificate of Designations Company shall have been duly adopted and filed with the Secretary of State of Delaware. There the State of Delaware the Certificate of Designations and the Company shall have been no changes delivered to the Restated Investors a copy of the filed Certificate of Incorporation or by-laws Designations with appropriate evidence from the Secretary of State of the State of Delaware that the filing has been accepted, or, if a filed copy is unavailable, a certificate signed on behalf of the Company since certifying to the date effect that the filing of this Agreementthe Certificate of Designations has been accepted by the Secretary of State of the State of Delaware.

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. There The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this AgreementPurchaser Counsel.

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of the State of Delaware. There shall have been no changes to , and the Company’s Second Amended and Restated Certificate of Incorporation or by-laws Incorporation, as amended by the Certificate of Designations (the Company since the date of this Agreement“Charter”), shall be in full force and effect.

Certificate of Designations. The With respect to the Second Closing only, the Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. There The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this AgreementGores.

Certificate of Designations. The Series A Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. There The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Series A Certificate of Designations shall be in full force and effect as of the Closing under the laws of the State of Delaware and shall not have been amended or modified, and a copy of the Series A Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been no changes delivered to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.Purchaser Counsel;

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There the State of Delaware as provided by Delaware law; neither the Certificate of Incorporation nor Certificate of Designations shall have been no changes to the Restated Certificate of Incorporation or by-laws of the Company amended since the date of this Agreementsuch filing, except as contemplated by Section 5.10 below.

Certificate of Designations. The Certificate of Designations shall has been duly authorized by the Company and will have been duly executed and delivered by the Company and duly filed with the Secretary of State of Delawarethe State of Delaware before the Applicable Time. There shall The holders of the Mandatory Convertible Preferred Stock will have been no changes to the Restated rights set forth in the Certificate of Incorporation or by-laws Designations upon filing of the Company since Certificate of Designations with the date Secretary of this AgreementState of the State of Delaware.

Certificate of Designations. The Company shall have filed with the Delaware Secretary the Certificate of Designations, and shall not have filed any amendment thereto. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There shall have been no changes to the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreementbe in full force and effect.

Certificate of Designations. The Certificate of Designations shall have been duly filed with the Secretary of State of Delaware. There the State of Delaware and the Convertible Preferred Share shall have been no changes to duly authorized in accordance with the Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreementterms thereof.