Common use of Amended Charter Clause in Contracts

Amended Charter. The Company shall have duly adopted, executed and --------------- filed with the Secretary of State of Delaware the Amended Charter providing for rights and preferences establishing the terms and the relative rights and preferences of the Series A Preferred Stock in the form set forth in Exhibit C --------- hereto, and the Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Series A Preferred Stock. The Amended Charter shall be in full force and effect as of the Closing under the laws of the state of Delaware and shall not have been amended or modified.

Amended Charter. The Company shall have duly adopted, executed and --------------- filed with the Secretary of State of Delaware the Amended Charter providing for rights and preferences establishing the terms and the relative rights and preferences of the Series A Preferred Stock in the form set forth in Exhibit EXHIBIT C --------- hereto, and the Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Series A Preferred Stock. The Amended Charter shall be in full force and effect as of the Closing under the laws of the state of Delaware and shall not have been amended or modified.