Filing of Certificate of Designations. The Certificate of Designations shall have been filed with the Secretary of State of the State of Delaware.
Filing of Certificate of Designations. The Company shall adopt and file with the Secretary of State of the State of Delaware, on or before the Closing, the Certificate of Designations.
Filing of Certificate of Designations. The Company shall have duly adopted the Certificate of Designations, which shall have been duly filed with the Secretary of State of the State of Delaware and become effective under the DGCL on or prior to the Closing and which shall remain in full force and effect as of the Closing, and Investor shall have received a certificate of the Secretary of State of Delaware certifying that the Certificate of Designation has been filed and is effective.
Filing of Certificate of Designations. The Series A ------------------------------------- Certificate of Designations shall have been filed with and accepted by the Secretary of State of the State of Delaware.
Filing of Certificate of Designations. The Certificate of Designations shall have been duly filed by the Company with the Secretary of State of the State of Delaware in accordance with the General Corporation Law of the State of Delaware, and the Purchasers shall have received evidence of such filing in form and substance reasonably satisfactory to the GAP Purchasers and ICP.
Filing of Certificate of Designations. On the Settlement Date, the Certificate of Designations shall have been filed with the Secretary of State of the State of Delaware.
Filing of Certificate of Designations. The Seller covenants and agrees that at or prior to the Closing, the Seller will file the Certificate of Designations with the Secretary of State of the State of Delaware in accordance with the Delaware General Corporation Law.
Filing of Certificate of Designations. Prior to the Closing Time, the Certificate of Designations for the Securities shall have been duly filed with the Secretary of State of the State of Delaware and shall be in full force and effect.
Filing of Certificate of Designations. Prior to the Step 1 Closing Date, the Company shall file the Certificate of Designations with the Secretary of State of the State of Delaware pursuant to Section 151(g) of the DGCL and such Certificate of Designations shall continue to be in full force and effect as of the Step 1 Closing Date and the Step 2 Closing Date.
Filing of Certificate of Designations. On or prior to the Closing Date, the board of directors of the Company shall adopt appropriate resolutions for the issuance of the Preferred Stock, and the Company shall file with the Secretary of State of the State of Nevada a Certificate of Designations for the Preferred Stock pursuant to Section 78.1955 of the Nevada Revised Statutes, in the form attached hereto as Exhibit C, with such changes as are mutually agreed by the Investor and the Company (the "Certificate of Designations"). Unless the Preferred Stock to be issued and delivered at the Closing is to be Non-Voting Preferred Stock in accordance with the provisions of Section 6.01(a)(iii), the Certificate of Designations shall not include any of the bracketed provisions included in the form thereof attached hereto as Exhibit C (other than the bracketed phrase "[other than such voting rights as are expressly provided in Sections 8.2, 8.3 and 8.4]" in Section 8.1 thereof).
