Restated Certificate of Incorporation. The Restated Certificate of Incorporation shall have been duly executed and shall have been filed with the Secretary of State of Delaware and shall be in full force and effect.
Restated Certificate of Incorporation. The Restated Certificate of Incorporation of Momentum shall have been adopted by the Board of Directors, approved by PeopleSoft as sole stockholder of Momentum, and filed with the Delaware Secretary of State.
Restated Certificate of Incorporation. The Corporation's Certificate contains additional restrictions which may apply to the Stockholder, the terms and conditions of which are incorporated herein by this reference. The parties agree that, if the provisions of the Certificate, including any amendments that may be adopted subsequent to the date of this Agreement, are more restrictive than the provisions of this Agreement, the more restrictive provisions of the Certificate shall prevail. ***
Restated Certificate of Incorporation. The Restated Certificate of Incorporation of ASTI shall have been adopted by the Board of Directors, approved by Allergan as sole stockholder of ASTI, and filed with the Delaware Secretary of State.
Restated Certificate of Incorporation. The Restated Certificate of Incorporation, substantially in the form attached hereto as Exhibit E shall have been filed with the Secretary of State of the State of Delaware.
Restated Certificate of Incorporation. The Company shall have filed ------------------------------------- with the Secretary of State of Delaware the Restated Certificate which is attached hereto as Exhibit B.
Restated Certificate of Incorporation. Prior to the date of this Agreement, the Company shall have filed the Restated Certificate of Incorporation with the Delaware Secretary of State and the Company shall have provided the Representatives with a confirmation of such filing from the Delaware Secretary of State.
Restated Certificate of Incorporation. At the Closing immediately following the Stock Purchase and the Redemption, the Company's Certificate of Incorporation shall have been duly amended and restated to include substantially all of the provisions set forth in Exhibit A attached hereto and shall not have been further amended or modified.
Restated Certificate of Incorporation. In addition to all other provisions of the Restated Certificate of Incorporation, and notwithstanding that these by-laws may contain any provision contrary thereto, these by-laws shall be subject in all respects to Article XIII of the Restated Certificate of Incorporation.
Restated Certificate of Incorporation. The restated certificate of incorporation of the Company in effect immediately prior to the Effective Time shall be the restated certificate of incorporation of the Surviving Corporation until amended in accordance with Delaware Law.
