Common use of Certificate of Designations Clause in Contracts

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel.

Certificate of Designations. The Certificate of Designations Company shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of Delaware the Shares. The Certificate of Designations and the Company shall be in full force and effect as have delivered to the Investors a copy of the Closing under filed Certificate of Designations with appropriate evidence from the laws Secretary of State of the State of Delaware and shall not have that the filing has been amended or modifiedaccepted, and or, if a filed copy is unavailable, a certificate signed on behalf of the Company certifying to the effect that the filing of the Certificate of Designations certified has been accepted by the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselDelaware.

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel.;

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware There shall have been delivered no changes to Purchaser Counselthe Restated Certificate of Incorporation or by-laws of the Company since the date of this Agreement.

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the office of the Delaware Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations and shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modifiedEffective Date, and a copy the Company shall have provided the Backstop Purchasers with resolutions of the board of directors of the Company approving and adopting such Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselDesignations.

Certificate of Designations. The With respect to the Second Closing only, the Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselGores.

Certificate of Designations. The Certificate of Designations substantially in the form of Annex 5.1(f) hereto (the "Certificate of Designations") shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The , the Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Preferred Stock, the Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counselcounsel for the Purchasers.

Certificate of Designations. The Certificate of Designations shall Designations, the proposed form of which has been furnished to you, has been duly authorized by the Company and will have been duly adopted and executed and delivered by the Company and duly filed with the Secretary of State of the State of DelawareDelaware before the Closing Time. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences holders of the Shares. The Mandatory Convertible Preferred Stock will have the rights set forth in the Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy upon filing of the Certificate of Designations certified by with the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselDelaware.

Certificate of Designations. The Certificate of Designations shall has been duly authorized by the Company and will have been duly adopted and executed and delivered by the Company and duly filed with the Secretary of State of the State of DelawareDelaware before the Applicable Time. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences holders of the Shares. The Mandatory Convertible Preferred Stock will have the rights set forth in the Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy upon filing of the Certificate of Designations certified by with the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselDelaware.

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modified, and a copy of the Certificate of Designations certified by the Secretary of State of the State of Delaware Convertible Preferred Share shall have been delivered to Purchaser Counselduly authorized in accordance with the terms thereof.

Certificate of Designations. The Series A Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences of the Shares. The Series A Certificate of Designations 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, and a copy of the Series A Certificate of Designations certified by the Secretary of State of the State of Delaware shall have been delivered to Purchaser Counsel.;

Certificate of Designations. The Certificate of Designations shall have been duly adopted and executed and filed with the Secretary of State of the State of Delaware. The Company shall not have adopted or filed any other document designating terms, relative rights or preferences Delaware as provided by Delaware law; neither the Certificate of the Shares. The Incorporation nor Certificate of Designations shall be in full force and effect as of the Closing under the laws of Delaware and shall not have been amended or modifiedsince such filing, and a copy of the Certificate of Designations certified except as contemplated by the Secretary of State of the State of Delaware shall have been delivered to Purchaser CounselSection 5.10 below.