EX-3.9 11 y97636a2exv3w9.txt CERTIFICATE OF AMENDMENT TO CERTIFICATE OF INCORPORATION EXHIBIT 3.9 State of Delaware Secretary of State Division of Corporations Delivered 01:13 PM 10/12/2004 FILED 01:21 PM 10/12/2004 SRV 040734586 - 3789940 FILE CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION OF MACQUARIE INFRASTRUCTURE ASSETS INC. Pursuant to Section 242 of the General Corporation Law of The State of Delaware (the "GCLD") Maquarie Infrastructure Assets Inc., a corporation duly organized and validly existing under the General Corporation Law of the State of Delaware (the "COMPANY"), does hereby certify that the Board of Directors of the Company, pursuant to Section 141(f) of the GCLD, by unanimous written consent did declare advisable and recommend that the following resolution be submitted for approval by the sole stockholder of the Company and that said resolution was submitted to, approved, and adopted by the written consent of the sole stockholder of the Company pursuant to Section 228 of the GCLD, all in accordance with Section 242 of the GCLD: "RESOLVED, that the Certificate of Incorporation of the Company be, and hereby is, amended by deleting the name "Macquarie Infrastructure Assets Inc." from the Heading and First Section thereto and substituting in lieu thereof the name "Macquarie Infrastructure Company Inc." IN WITNESS WHEREOF, Macquarie Infrastructure Assets Inc. has caused this certificate to be executed by its Chief Executive Officer this 12th day of October, 2004 MACQUARIE INFRASTRUCTURE ASSETS INC. BY: /s/ Peter Stokes --------------------------------- Name: Peter Stokes Title: Chief Executive Officer