Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.
Appears in 5 contracts
Samples: Term Loan Agreement, Registration Rights Agreement (United Rentals Inc /De), Preferred Stock Purchase Agreement (Apollo Investment Fund Iv Lp)
Certificate of Designation. The Certificate of Designation shall have been duly filed under with the laws Secretary of State of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, effect and shall not have been otherwise amended or modified.
Appears in 4 contracts
Samples: Purchase Agreement (Textron Inc), Purchase Agreement (Textron Inc), Purchase Agreement (Collins & Aikman Corp)
Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Amended and Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Nationsrent Inc), Preferred Stock Purchase Agreement (Nationsrent Inc)
Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.. 4.6
Appears in 1 contract
Samples: Apollo Investment Fund Iv Lp
Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Amended and Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.. 5 4.6
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement 2 Preferred Stock Purchase Agreement (Morgan J P & Co Inc)
Certificate of Designation. The Certificate of Designation substantially in the form attached hereto as Exhibit A shall have been duly filed under with the laws Secretary of State of the State of Delaware, Delaware and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, enforceable against the Company in accordance with its terms and shall not have been otherwise amended or modifiedamended.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed under with the laws Secretary of State of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall -------------------------- have been duly filed under the laws of the State of Delaware, and the Amended and Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, and shall not have been otherwise amended or modified.
Appears in 1 contract
Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, effect as of such Subsequent Closing under the Laws of the State of Delaware and shall not have been otherwise amended or modified.
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Certificate of Designation. The Certificate of Designation shall have been duly filed under the laws of the State of Delaware, and the Restated Certificate of Incorporation of the Company, as amended by the Certificate of Designation, shall be in full force and effect, effect and shall not have been otherwise filed with the Secretary of State of the State of Delaware and shall have not been further amended or modified, and the Investors shall have received satisfactory evidence thereof.
Appears in 1 contract
