Governing Instruments. The Articles of Organization, Declaration of Trust and Bylaws of the Company, as amended from time to time.
Governing Instruments. The copies of the Articles of Incorporation and bylaws of the Company which have been delivered to legal counsel for the Investors prior to the execution of this agreement are true and complete copies of the duly and legally adopted Articles of Incorporation and bylaws of the Company in effect as of the date of this agreement.
Governing Instruments. The Company has filed in its reports filed --------------------- with the United States Securities and Exchange Commission (the "SEC REPORTS") true, accurate and correct copies of the articles of incorporation and bylaws of the Company and such articles of incorporation and bylaws are the duly and legally adopted articles of incorporation and bylaws of the Company in effect as of the date of this Agreement.
Governing Instruments. The copies of the Governing Instruments (as defined in Section 10.6) of Seller, and all amendments thereto to date, as certified by the secretary of Seller have heretofore been delivered to Purchaser, and are complete and correct. Seller is not in default in the performance, observance or fulfillment of any of the provisions, terms or conditions of its Governing Instruments.
Governing Instruments. Without prior notice to the Director, permit or suffer a material amendment or modification of its Governing Instruments.
Governing Instruments. The Company shall not amend the Restated Articles in any manner adverse to the rights of the holders of the Series B Shares.
Governing Instruments. Seller shall have received a certificate, dated the Closing Date, of the Secretary or Assistant Secretary of Purchaser certifying, among other things, that attached or appended to such certificate (i) is a true and correct copy of its Certificate of Incorporation and all amendments, if any, thereto as of the date thereof; (ii) is a true and correct copy of its By-Laws; (iii) is a true copy of all corporate actions taken by it, including resolutions of its board of directors authorizing the execution and delivery of this Agreement and each other Transaction Document to be delivered by it pursuant hereto and the consummation of the transactions contemplated hereby and thereby; and (iv) are the names, the signatures of its duly elected or appointed officers who are authorized to execute and deliver this Agreement, and any certificate, document or other instrument in connection herewith.
Governing Instruments. The copies of the Certificate of Incorporation and bylaws of the Company which have been delivered to legal counsel for the Investor prior to the execution of this Agreement are true and complete copies of the duly and legally adopted Certificate of Incorporation and bylaws of the Company in effect as of the date of this Agreement.
Governing Instruments. The Declaration and the Articles of Incorporation and Bylaws of the Corporation, as they may be amended from time to time.
Governing Instruments. Take any action or amend the MBFI Articles or MBFI By-Laws, the effect of which would be to materially and adversely affect the rights or powers of shareholders generally;
