001-33133 | 04-3158289 | |
(Commission File Number) | (IRS Employer Identification No.) |
21 Erie Street, Cambridge, Massachusetts | 2139 | |
(Address of Principal Executive Offices) | (Zip Code) |
• | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
• | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
• | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
• | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
3.1 | Certificate of Elimination of Series B Preferred Stock, dated September 11, 2015. |
METABOLIX, INC. | ||
Date: September 17, 2015 | By: | /s/ Joseph Shaulson |
Joseph Shaulson | ||
President & Chief Executive Officer |
Exhibit | |||
No. | Description | ||
3.1 | Certificate of Elimination of Series B Preferred Stock, dated September 11, 2015. |
RESOLVED: | That no shares of the Corporation’s authorized Series B Preferred Stock, par value $0.01 per share (the “Series B Preferred Stock”) are outstanding and that no shares of the Series B Preferred Stock will be issued subject to the certificate of designation previously filed on August 22, 2014 with respect to the Series B Preferred Stock. |
RESOLVED: | That the proper officers of the Corporation (the “Authorized Officers”) be and hereby are authorized and directed to file a certificate setting forth this resolution with the Secretary of State of the State of Delaware pursuant to the provisions of Section 151(g) of the General Corporation Law of the State of Delaware for the purpose of eliminating from the Corporation’s certificate of incorporation all matters set forth in the Certificate of Designation with respect to the Series B Preferred Stock; and further that upon such filing all authorized shares of Series B Preferred Stock shall be eliminated and restored to the status of authorized but unissued shares of undesignated preferred stock under the Corporation’s certificate of incorporation. |