Exhibit 3.1
CERTIFICATE OF AMENDMENT AND RESTATEMENT
OF
CERTIFICATE OF INCORPORATION
OF
iSUN, INC.,
a Delaware corporation
iSun, Inc., a corporation organized and existing under and by
virtue of the Delaware General Corporation Law, does hereby certify that:
FIRST: The
name of the corporation is iSun, Inc. (the “Corporation”)
SECOND: The
Board of Directors of the Corporation (the “Board of Directors”) has duly adopted resolutions proposing and declaring advisable the following amendment to the Company’s Second Amended and Restated Certificate of Incorporation of the
Corporation (the “Certificate of Incorporation”), directing that said amendment be submitted to the stockholders of the Corporation for consideration thereof, and authorizing the Corporation to execute and file with the Secretary of
State of the State of Delaware this Certificate of Amendment and Restatement of Certificate of Incorporation (this “Certificate of Amendment”).
THIRD: Upon
the effectiveness of this Certificate of Amendment, the Company’s Second Amended and Restated Certificate of Incorporation is hereby amended and restated as set forth in Appendix A-2 attached hereto.
FOURTH: This
Certificate of Amendment has been duly approved by the Board of Directors in accordance with the applicable provisions of Section 242 of the Delaware General Corporation Law.
FIFTH: This
Certificate of Amendment has been duly approved by the stockholders of the Corporation in accordance with the applicable provisions of Section 228 of the Delaware General Corporation Law.
SIXTH:
This Certificate of Amendment will be effective upon filing with the Secretary of State of Delaware.
IN WITNESS WHEREOF, the undersigned has executed this Certificate
of Amendment as of this 31st day of January, 2022.
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iSUN, INC.
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By:
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/s/ Jeffrey Peck
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Jeffrey Peck
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Chairman
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