Extract to table

"Amended and Restated Certificate of Incorporation" or "Restated Certificate" means the Amended and Restated Certificate of Incorporation of the Company, substantially in the form attached hereto as Exhibit A (as such form may be modified by mutual agreement of the Parties), to be filed with the Secretary of State of the State of Delaware prior to or concurrently with the Closing, which shall, among other things, authorize the Series D Preferred Stock and set forth the rights, preferences, privileges, and restrictions applicable thereto

2 — Interpretation The following rules of interpretation shall apply to this Agreement: (a) The term "including" (and correlative terms such as "include," "includes," and "included") means "including without limitation" and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it

(b) The headings and captions contained in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement, and shall not be referred to in connection with the construction or interpretation of this Agreement

(d) Words in the singular shall be deemed to include the plural and vice versa, and words of one gender shall be held to include the other gender as the context requires

(e) The word "or" is not exclusive and shall be interpreted as "and/or" where the context so requires

(f) All references to dollar amounts or "$" shall mean United States dollars