Attached files
file | filename |
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10-Q - 10-Q - ABOVENET INC | v192369_10q.htm |
EX-3.1(A) - EX-3.1(A) - ABOVENET INC | v192369_ex3-1a.htm |
EX-31.1 - EX-31.1 - ABOVENET INC | v192369_ex31-1.htm |
EX-32.2 - EX-32.2 - ABOVENET INC | v192369_ex32-2.htm |
EX-32.1 - EX-32.1 - ABOVENET INC | v192369_ex32-1.htm |
EX-31.2 - EX-31.2 - ABOVENET INC | v192369_ex31-2.htm |
Exhibit
3.1 (b)
CERTIFICATE
OF AMENDMENT TO
THE
AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF
ABOVENET,
INC.
AboveNet,
Inc. (the “Corporation”), a corporation organized and existing under and by
virtue of the General Corporation Law of the State of Delaware, does hereby
certify:
1. The
name of the Corporation is AboveNet, Inc.
2. The
Amended and Restated Certificate of Incorporation of the Corporation is hereby
amended by deleting the first sentence of Article Fourth thereof and inserting
in lieu thereof the following new first sentence of Article Fourth:
FOURTH: The
total number of shares of all classes of stock which the Corporation shall have
authority to issue is 210,000,000, of which 10,000,000 are to be shares of
preferred stock ("Preferred
Stock"), par value $.01 per share, and 200,000,000 are to be shares of
common stock ("Common
Stock"), par value $.01 per share.
3. The
foregoing amendment was duly adopted in accordance with the provisions of
Section 242 of the General Corporation Law of the State of
Delaware.
4. The
foregoing amendment shall be effective upon filing with the Secretary of State
of the State of Delaware.
IN
WITNESS WHEREOF, the Corporation has caused this certificate to be signed by
Robert Sokota, its Senior Vice President, General Counsel and Secretary, on the
24th day of June, 2010.
ABOVENET,
INC.
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By:
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/s/ Robert Sokota
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Robert
Sokota
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Senior
Vice President, General Counsel
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and
Secretary
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