Attached files
file | filename |
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8-K - Fat Brands, Inc | form8-k.htm |
EX-10.2 - Fat Brands, Inc | ex10-2.htm |
EX-10.1 - Fat Brands, Inc | ex10-1.htm |
EXHIBIT 3.1
CERTIFICATE OF AMENDMENT TO
SECOND AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF
FAT BRANDS INC.
FAT Brands Inc. (hereinafter called the “Corporation”), a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the “DGCL “), does hereby certify that:
FIRST: This Certificate of Amendment amends the provisions of the Corporation’s Second Amended and Restated Certificate of Incorporation.
SECOND: The terms and provisions of this Certificate of Amendment have been duly adopted in accordance with Section 242 of the DGCL.
THIRD: The first paragraph of Section 4.01 of the Corporation’s Second Amended and Restated Certificate of Incorporation is hereby amended to read in its entirety as follows:
“SECTION 4.01 Authorized Stock. The aggregate number of shares of all classes of capital stock which the Corporation shall have authority to issue is Sixty-Six Million Six Hundred Thousand (66,600,000) shares, consisting of (i) Fifty Million (50,000,000) shares of Class A Common Stock, par value $0.0001 per share (“Class A Common Stock”); (ii) One Million Six Hundred Thousand (1,600,000) shares of Class B Common Stock, par value $0.0001 per share (“Class B Common Stock” and together with the Class A Common Stock, “Common Stock”); and (iii) Fifteen Million (15,000,000) shares of preferred stock, par value $0.0001 per share (“Preferred Stock”).”
IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be executed on this 24th day of August, 2021.
FAT BRANDS INC. | ||
By: | /s/ Andrew A. Wiederhorn | |
Name: | Andrew A. Wiederhorn | |
Title: | Chief Executive Officer |