Common use of The Certificate of Incorporation Clause in Contracts

The Certificate of Incorporation. of the --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent of the outstanding shares of Series A Junior Participating Preferred Stock, voting together as a single class.

Appears in 5 contracts

Samples: Rights Agreement (Cambridge Technology Partners Massachusetts Inc), Rights Agreement (Cytyc Corp), Rights Agreement (Cambridge Technology Partners Massachusetts Inc)

The Certificate of Incorporation. of the Corporation --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy two- five percent thirds or more of the outstanding shares of Series A Junior Participating Preferred Stock, Stock voting together as a single class.

Appears in 4 contracts

Samples: Rights Agreement (Extreme Networks Inc), Rights Agreement (Agile Software Corp), Rights Agreement (Extreme Networks Inc)

The Certificate of Incorporation. of the --------- Corporation shall --------- not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (Data Critical Corp), Preferred Shares Rights Agreement (Rita Medical Systems Inc), Preferred Shares Rights Agreement (Oratec Interventions Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy two- five percent thirds or more of the outstanding shares of Series A Junior Participating Preferred Stock, Stock voting together as a single class.

Appears in 3 contracts

Samples: Rights Agreement (Microtune Inc), Rights Agreement (Microtune Inc), Rights Agreement (Garden Fresh Restaurant Corp /De/)

The Certificate of Incorporation. and the Bylaws of the --------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy 66- five percent 2/3% of the outstanding shares of Series A Junior Participating Preferred Stock, Stock voting together separately as a single class.

Appears in 2 contracts

Samples: Rights Agreement (Applied Molecular Evolution Inc), Rights Agreement (Biosite Diagnostics Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy two- five percent thirds of the outstanding shares of Series A Junior Participating Preferred Stock, voting together as a single class.

Appears in 2 contracts

Samples: Rights Agreement (Amgen Inc), Rights Agreement (Amgen Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating B Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority of the outstanding shares of Series A Junior Participating B Preferred Stock, voting together separately as a single class.

Appears in 2 contracts

Samples: Rights Agreement (Burlington Northern Santa Fe Corp), Combination Agreement (Burlington Northern Santa Fe Corp)

The Certificate of Incorporation. of the --------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 2 contracts

Samples: Rights Agreement (Natural Microsystems Corp), Rights Agreement (Natural Microsystems Corp)

The Certificate of Incorporation. of the Corporation --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Class C Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy two- five percent thirds of the outstanding shares of Series A Junior Participating Class C Preferred Stock, voting together as a single class.

Appears in 1 contract

Samples: Rights Agreement (Amserv Healthcare Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Rights Agreement (Digitalwork Com Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Rights Agreement (Somnus Medical Technologies Inc)

The Certificate of Incorporation. of the Corporation --------- Corporation shall not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority of the outstanding shares of Series A Junior Participating Preferred Stock, voting together as a single class.

Appears in 1 contract

Samples: Rights Agreement (P Com Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Preview Travel Inc)

The Certificate of Incorporation. of the --------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Rights Agreement (Concentric Network Corp)

The Certificate of Incorporation. of the --------- Corporation shall --------- not be amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating G Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy two- five percent thirds or more of the outstanding shares of Series A Junior Participating G Preferred Stock, Stock voting together as a single class.

Appears in 1 contract

Samples: Rights Agreement (Ikos Systems Inc)

The Certificate of Incorporation. of the --------- Corporation shall --------- not be further amended in any manner which that would materially alter or change the powers, preferences or special rights preferences, rights, qualifications, limitations and restrictions of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Rights Agreement (Stilwell Financial Inc)

The Certificate of Incorporation. of the --------- ---------- Corporation shall not be further amended in any manner which would materially alter or change the powers, preferences preference or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Preferred Shares Rights Agreement (Keravision Inc /Ca/)

The Certificate of Incorporation. of the --------- Corporation corporation shall not be further amended in any manner which would materially alter or change the powers, preferences or special rights of the Series A Junior Participating Preferred Stock so as to affect them adversely without the affirmative vote of the holders of at least seventy-five percent a majority or more of the outstanding shares of Series A Junior Participating Preferred Stock, voting together separately as a single class.

Appears in 1 contract

Samples: Rights Agreement (Marriott International Inc /Md/)