Common use of EIGHTH Clause in Contracts

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 2 contracts

Sources: Merger Agreement (Borgwarner Inc), Merger Agreement (Remy International, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statutestatute and this Certificate of Incorporation, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 2 contracts

Sources: Merger Agreement (Cornerstone BioPharma Holdings, Inc.), Merger Agreement (Critical Therapeutics Inc)

EIGHTH. The Corporation reserves the right to amend, alter, change change, or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 1 contract

Sources: Merger Agreement (Bioreliance Corp)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, in the manner now or hereafter prescribed by statute, and all rights conferred upon the stockholders herein are granted subject to this reservation.. Table of Contents EXHIBIT C To [▇▇▇▇▇], a Delaware corporation (the “Company”):

Appears in 1 contract

Sources: Merger Agreement (Sevcon, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in and/or add to the provisions of this Certificate of Incorporation, Incorporation in the any manner now or hereafter prescribed permitted by statute, the DGCL and all rights conferred upon the stockholders herein directors, officers, employees or agents hereby are granted subject to this reservationreservation except as otherwise provided in Article SEVENTH.

Appears in 1 contract

Sources: Merger Agreement (Berkeley Lights, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Restated Certificate of Incorporation, in the manner now or hereafter prescribed by statutestatute and this Restated Certificate of Incorporation, and all rights conferred upon the stockholders herein are granted subject to this reservation. [See attached.]

Appears in 1 contract

Sources: Agreement and Plan of Acquisition (Brooklyn ImmunoTherapeutics, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, Incorporation in the manner now or hereafter prescribed by statutethe General Corporation Law of the State of Delaware and this Certificate of Incorporation, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 1 contract

Sources: Merger Agreement (Alexion Pharmaceuticals, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporation, Incorporation in the manner now or hereafter prescribed by statute, and all rights conferred herein upon the stockholders herein Corporation’s stockholders, directors and officers are granted subject to this reservation.. Table of Contents EXHIBIT C SURVIVING CORPORATION BYLAWS Table of Contents

Appears in 1 contract

Sources: Merger Agreement (ConvergeOne Holdings, Inc.)

EIGHTH. The Corporation reserves the right to amend, alter, change or repeal any provision contained in this Certificate of Incorporationherein, in the manner now or hereafter prescribed by statute, and all rights conferred upon the stockholders herein are granted subject to this reservation.

Appears in 1 contract

Sources: Loan and Security Agreement (Imprivata Inc)