Restated Charter Sample Clauses

Restated Charter. On or prior to the Initial Closing, the Company shall have filed its Seventh Amended and Restated Certificate of Incorporation, in the form attached hereto as Exhibit D (the “Restated Charter”) with the Secretary of State of the State of Delaware.

Restated Charter. At the Closing but prior to the Effective Time, the Company shall duly execute and file the Restated Charter with the Secretary of State, as provided in Section 245 of the DGCL, so that the Restated Charter shall be in effect and operative as the Certificate of Incorporation of the Company at the Effective Time (the date and time of such Restated Charter filing being referred to herein as the "Amendment Time").

Restated Charter. The Company shall have filed the Restated Charter with the Secretary of State of Georgia on or prior to the Closing, which shall continue to be in full force and effect as of the Closing.

Restated Charter. 6 2.3 Closing...................................................... 6 ARTICLE 3

Restated Charter. 8 2.2 Authorization of Issuance of Purchased Securities..........................................................8 2.3

Restated Charter. The shares of Series B Preferred Stock issued ---------------- as Purchased Shares shall have the preferences and rights set forth in the Restated Charter.

Restated Charter. The Amended and Restated Certificate of Incorporation of Buyer (the "Restated Charter") shall have been duly filed with the Secretary of State of Delaware.

Restated Charter. The Restated Charter has not been amended, restated, altered or modified since July 25, 2002.

Restated Charter. The Restated Charter set forth in Exhibit A shall have been filed with the Secretary of State of the Commonwealth of Massachusetts and shall not have been rescinded or amended.