Amended and Restated Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company, as in effect as of the Effective Date.
Amended and Restated Bylaws means the Amended and Restated Bylaws of the Fund in effect at the time the Registration Statement relating to the Preferred Shares is declared effective by the Securities and Exchange Commission, specifying the powers, preferences and rights of the Preferred Shares.
Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.
Restated Certificate of Incorporation means the Restated Certificate of Incorporation of the Company, as amended.
Parent Bylaws means the Bylaws of Parent.
First Effective Time has the meaning specified in Section 2.02.
Restated Charter means the Company’s Amended and Restated Certificate of Incorporation, as amended and/or restated from time to time.
Amendment and Restatement Effective Date means June 28, 2018, the date the amendments and restatements to the Plan of May 7, 2018 are subject to approval by the Company’s stockholders at the Company’s 2018 Annual Meeting.
Second Effective Time has the meaning specified in Section 2.02.
Company Certificate of Incorporation means the Amended and Restated Certificate of Incorporation of the Company as amended and restated and as in effect as of the date hereof.
Certificate of Amendment means the Certificate of Amendment to Amended and Restated Certificate of Incorporation of the Company, substantially in the form attached to this Agreement as Exhibit A.
Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.
Amendment to Allege Use or similar filing with respect thereto, by the United States Patent and Trademark Office, only to the extent, if any, that, and solely during the period if any, in which, the grant of a security interest therein may impair the validity or enforceability of such intent-to-use (or similar) Trademark application under applicable federal Law,
Shareholder Agreement has the meaning set forth in the Recitals.
Certificate of Incorporation means the Certificate of Incorporation of the Company, as amended from time to time.
First Amendment Effective Date has the meaning assigned to such term in the First Amendment.
Articles of Incorporation means the Articles of Incorporation of the Company, as amended from time to time.
Agreement and Plan of Merger has the meaning set forth in the first recital above.
Restated Articles means the Amended and Restated Memorandum and Articles of Association of the Company.
Company Charter means the certificate of incorporation of the Company, as amended.
Memorandum of Association means the memorandum of association of the Company, as amended or substituted from time to time;
Second Amendment Effective Date has the meaning assigned to such term in the Second Amendment.
Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.
Bylaws means the bylaws of the Corporation, as they may be amended from time to time.
Plan of Merger has the meaning set forth in Section 2.2.
Fifth Amendment Effective Date shall have the meaning provided in the Fifth Amendment.