STATE of DELAWARE
AMENDED AND RESTATED
CERTIFICATE of INCORPORATION
Of __________________________________________________, originally
incorporated datex under the General Corporation Law of the State of Delaware.
This filing, duly adopted by the shareholders, is intended to amend and
restate the certificate of incorporation pursuant to Section 242 and Section
245 of the General Corporation Law of the State of Delaware
FIRST: The name of
this Corporation is __________________________________________.
(hereinafter
the "Corporation")
SECOND: Its Registered
Office in the State of Delaware is to be located at 113 Barksdale Professional
Center in the City of Newark, County of New Castle. The zip code is 19711.
The name of the Registered Agent therein and in charge thereof upon whom
process against this Corporation may be served, is Delaware Intercorp, Inc.
THIRD: The nature of
the business and the objects and purposes proposed to be transacted, promoted
and carried on, are to engage in any lawful act or activity for which
corporations may be organized under the General Corporation Law of Delaware.
FOURTH: The total number of shares of stock that the corporation shall have authority to issue is ___________ shares of Common Stock at _________ par value.
FIFTH: The name and mailing address of the
incorporator are as follows:
Name; ______________________________________
Mailing Address; ______________________________________
SIXTH: The directors
of the corporation are not liable to either the corporation or its stockholders
for monetary damages for a breach of fiduciary duties unless the breach
involves: a) a director’s duty of loyalty to the corporation or its
stockholders; b) intentional misconduct or violation of law; c) a transaction
from which the director derived an improper personal benefit; or d) liability
for unlawful payments of dividends or unlawful stock purchases or redemption by
the corporation.
I, The Undersigned,
for the purpose of amending and restating a corporation under the laws of the
State of Delaware, do make, file and record this Certificate, and do certify
that the facts herein stated are true, and I have accordingly hereunto set my hand
this __________ day of __________________, AD 20___.
Signed: _______________________________
Name: _______________________________
Title: _______________________________