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

Samples: Agreement and Plan of Merger (Borgwarner Inc), Agreement and Plan of Merger (Remy International, Inc.)

AutoNDA by SimpleDocs

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

Samples: Agreement and Plan of Merger (Critical Therapeutics Inc), Agreement and Plan of Merger (Cornerstone BioPharma Holdings, 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. Exhibit D Amended and Restated Bylaws of the Surviving Corporation [See attached.]

Appears in 1 contract

Samples: 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

Samples: Agreement and Plan of Merger (Alexion Pharmaceuticals, 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

Samples: Agreement and Plan of Merger (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 FORM OF WARRANT ACKNOWLEDGEMENT AGREEMENT CONFIDENTIAL WARRANT ACKNOWLEDGEMENT AGREEMENT To [Xxxxx], a Delaware corporation (the “Company”):

Appears in 1 contract

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

AutoNDA by SimpleDocs

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

Samples: Agreement and Plan of Merger (Berkeley Lights, 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 AMENDED AND RESTATED BY-LAWS OF CONVERGEONE HOLDINGS, INC. (the “Corporation”)

Appears in 1 contract

Samples: Agreement and Plan of Merger (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

Samples: Loan Modification Agreement (Imprivata Inc)

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