Common use of Restated Certificate of Incorporation Clause in Contracts

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. ***

Appears in 2 contracts

Samples: Stock Repurchase Agreement (Peter Kiewit Sons Inc /De/), Stock Repurchase Agreement (Peter Kiewit Sons Inc /De/)

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Restated Certificate of Incorporation. The Corporation's Restated Certificate of Incorporation 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 CertificateCorporation's Restated Certificate of Incorporation, 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 Restated Certificate of Incorporation shall prevail. ***.

Appears in 1 contract

Samples: Stock Repurchase Agreement (Kiewit Peter Sons Inc /De/)

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Restated Certificate of Incorporation. The Corporation's Restated Certificate of Incorporation 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 CertificateCorporation's Restated Certificate of Incorporation, 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 Restated Certificate of Incorporation shall prevail. ***

Appears in 1 contract

Samples: Stock Repurchase Agreement (PKS Holdings Inc)

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