EX-3.3 2 y47871s1ex3-3.txt ARTICLES OF AMENDMENT & RESTATED ARTICLES OF INC 1 Exhibit 3.3 ARTICLES OF AMENDMENT OF THIRD AMENDED AND RESTATED ARTICLES OF INCORPORATION OF PLIANT CORPORATION In accordance with Section 16-10a-1006 of the Utah Revised Business Corporation Act (the "URBCA"), Pliant Corporation, a Utah corporation (the "Corporation"), hereby declares and certifies as follows: (1) The name of the Corporation is PLIANT CORPORATION. (2) The Third Amended and Restated Articles of Incorporation of the Corporation (the "Restated Articles") is hereby amended (the "Amendment") by deleting, in its entirety, the current first paragraph of Section 3.3(b) of the Restated Articles and inserting in place thereof a new first paragraph of Section 3.3(b) to read as set forth below. "Series A Preferred Stock. The Corporation shall have a series of Preferred Stock that shall consist of One Hundred and Thirty Thousand (130,000) shares of Preferred Stock and shall be designated as 'Series A Cumulative Exchangeable Redeemable Preferred Stock' (the 'Series A Preferred Stock'). The preferences, limitations and relative rights of the Series A Preferred Stock are as follows:" (3) The foregoing amendment to the Restated Articles was adopted as of June 18, 2001, in the manner prescribed by the URBCA. (4) The Amendment was approved by the shareholders of the Corporation. The designation, number of outstanding shares, number of votes entitled to be cast by each voting group entitled to vote separately, number of votes of each voting group indisputably represented, and the total number of undisputed votes cast for the Amendment by each voting were as follows:
DESIGNATION OUTSTANDING VOTES ENTITLED TO VOTES REPRESENTED UNDISPUTED VOTES SHARES BE CAST CAST FOR Common Stock 563,921 563,921 317,306 317,306 Series A Cumulative Exchangeable 100,000 100,000 76,000 76,000 Redeemable Preferred Stock
2 (5) The number of votes cast for the Amendment by each voting group entitled to vote on the Amendment was sufficient for approval by that voting group. (6) Pursuant to Section 16-10a-123 of the URBCA, this Amendment shall be effective on July 11, 2001 at 9:00 A.M. Mountain Daylight Time. ******* -2- 3 IN WITNESS WHEREOF, Pliant Corporation had caused this Certificate of Amendment to the Third Amended and Restated Articles of Incorporation to be signed as of the June 29, 2001, by its President, and attested by its Secretary, who hereby affirm and acknowledge, under penalties of perjury, that this Certificate is the act and deed of the Corporation and that the facts stated herein are true. By: /s/ Jack E. Knott -------------------------------- Name: Jack E. Knott Title: President ATTESTED: By:/s/ Larry E. Shepler -------------------------------- Name: Larry Shepler Title: Secretary