Amended and Restated Certificate of Incorporation. The Company shall not take any action or omit to take any action that would cause the Company to be in breach or violation of its Amended and Restated Certificate of Incorporation.
Amended and Restated Certificate of Incorporation. To not take any action or omit to take any action that would cause it to be in breach or violation of its Amended and Restated Certificate of Incorporation.
Amended and Restated Certificate of Incorporation. The Purchased Stock shall have the preferences and rights set forth in the Amended and Restated Certificate of Incorporation.
Amended and Restated Certificate of Incorporation. Prior to the First Tranche Closing (as defined below), the Company shall file with the Secretary of State of the State of Delaware, an Amended and Restated Certificate of Incorporation (the “Restated Certificate”), substantially in the form attached hereto as Exhibit B.
Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation shall have been filed with the Secretary of State of the State of Delaware, and the Purchasers shall have received confirmation from the Secretary of State of the State of Delaware reasonably satisfactory to them that such filing has occurred.
Amended and Restated Certificate of Incorporation. Not later than July 31, 2014, the Company shall use its best efforts to cause its Certificate of Incorporation to be amended to increase the number of authorized shares of Common Stock of the Company to such number as shall be sufficient to permit the reservation in full of shares of Common Stock underlying all outstanding Derivative Securities (the “Charter Amendment”). Purchaser shall vote, and cause its Affiliates to vote, all shares of Capital Stock that are owned (or to the extent that any such shares are owned in “street name,” beneficially owned) by Purchaser or its Affiliates at any annual or special meeting of the Company’s stockholders or will vote for or render consent in writing in favor of the Charter Amendment.
Amended and Restated Certificate of Incorporation. The Company’s Amended and Restated Certificate of Incorporation (the “Amended and Restated Certificate of Incorporation”) shall be substantially in the form set forth in Exhibit B attached hereto, and it shall be in full force and effect under the laws of the State of Delaware as of the Closing.
Amended and Restated Certificate of Incorporation. The Company shall have filed the Charter designating the rights of the Non-Voting Common with the Secretary of State of the State of Delaware, and the Charter shall remain in full force and effect as of the Closing Date.
Amended and Restated Certificate of Incorporation. The Certificate shall have been filed with and accepted by the Delaware Secretary of State.
Amended and Restated Certificate of Incorporation. Prior to the Closing (as defined in Section 3.1), the Corporation filed with the Secretary of State of the State of Delaware an Amended and Restated Certificate of Incorporation (the Certificate of Incorporation of the Corporation as so amended and restated and as in effect on the date hereof being hereinafter referred to as the “Certificate of Incorporation”), a copy of which is attached hereto as Exhibit 1.
