Charter Amendment definition

Charter Amendment means the Certificate of Amendment to the Certificate of Incorporation, in the form attached hereto as Exhibit D.

Charter Amendment has the meaning set forth in Section 4(a)(i).

Charter Amendment means the amendment of the Company’s restated articles of incorporation to increase the number of shares of Common Stock authorized for issuance in an amount to provide a sufficient number of authorized shares of Common Stock for the issuance of shares upon conversion of all of the outstanding New Convertible Notes and exercise, to the extent necessary, of all of the New Warrants.

Examples of Charter Amendment in a sentence

• Subject to the completion of the Charter Amendment Actions (as defined in the Purchase Agreement), the Borrower covenants that during the period the conversion right exists, the Borrower will reserve from its authorized and unissued Common Stock a sufficient number of shares, free from preemptive rights, to provide for the issuance of Common Stock upon the full conversion of this Note and the other Notes issued pursuant to the Purchase Agreement.

• Subject to the completion of the Charter Amendment Actions, during the Exercise Period, the Company shall at all times have authorized, and reserved for the purpose of issuance upon exercise of this Warrant, a sufficient number of shares of Common Stock to provide for the exercise of this Warrant.

• The real reason that CSX will not purchase 20% or more of Conrail's voting stock absent the Charter Amendment is that, unlike NS, CSX is unable or unwilling to pay a fair price in cash for 100% of Conrail's stock.

• Notwithstanding the foregoing, prior to the filing of the Second Charter Amendment, the Company shall not be obligated to, nor shall, issue any shares of Common Stock upon any conversion of this Note in excess of the number of shares of Common Stock that are required to be reserved for conversions of the Notes and allocated to the Holder in accordance with Section 8.31 of the Financing Agreement (less any shares of Common Stock previously issued to the Holder upon conversions of the Notes).

• The Charter Amendment shall have become effective pursuant to the MGCL.

More Definitions of Charter Amendment

Charter Amendment means the amendment of the Corporation’s Amended and Restated Certificate of Incorporation, as amended, to increase the authorized number of shares of Common Stock to not less than 150,000,000.

Charter Amendment shall have the meaning specified in Section 6.1(a)(iii).

Charter Amendment has the meaning set forth in Section 2.5.

Charter Amendment means an amended and restated certificate of incorporation of the Company substantially in the form of Exhibit A to the Investors' Rights Agreement.

Charter Amendment has the meaning set forth in Section 5.1.

Charter Amendment shall have the meaning ascribed to such term in Section 4(c)(vi).

Charter Amendment has the meaning set forth in the Recitals.