Common use of Filing of Certificate of Designations Clause in Contracts

Filing of Certificate of Designations. On or prior to the Closing Date, the board of directors of the Company shall adopt appropriate resolutions for the issuance of the Preferred Stock, and the Company shall file with the Secretary of State of the State of Nevada a Certificate of Designations for the Preferred Stock pursuant to Section 78.1955 of the Nevada Revised Statutes, in the form attached hereto as Exhibit C, with such changes as are mutually agreed by the Investor and the Company (the "Certificate of Designations"). Unless the Preferred Stock to be issued and delivered at the Closing is to be Non-Voting Preferred Stock in accordance with the provisions of Section 6.01(a)(iii), the Certificate of Designations shall not include any of the bracketed provisions included in the form thereof attached hereto as Exhibit C (other than the bracketed phrase "[other than such voting rights as are expressly provided in Sections 8.2, 8.3 and 8.4]" in Section 8.1 thereof).