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in Lieu of the Organizational Meeting
of the Board of Directors
of
Alpha Corp
The undersigned, constituting all of the members of the Board of Directors (the Board) of Alpha Corp., a Delaware corporation (the Company), pursuant to Section 141(f) of the Delaware General Corporation Law, adopt the following resolutions by unanimous written consent:
Chief Executive
President
Chief Financial Officer
Secretary
Sophie Laurent
Daniel Kowalski
Alex Martin
Daniel Kowalski
Resolved, that the Bylaws attached as Exhibit B are adopted as the Bylaws of and for the Company; and
Resolved Further, that the Secretary of the Company is authorized and directed to execute a Certificate of Secretary regarding the adoption of the Bylaws, to insert the Bylaws in the Company’s Minute Book and to see that a copy of the Bylaws is kept at the Company’s principal office, as required by law.
Resolved, that the appropriate officers of the Company are authorized and are directed to apply to the Internal Revenue Service for an Employer Identification Number on Form SS-4.
Resolved, that the Chief Financial Officer is authorized and directed to consult with the bookkeeper, auditors and attorneys of the Company in order to be fully informed as to, and to collect and pay promptly when due, all withholding taxes for which the Company may now be (or hereafter become) liable.
Resolved, that the Company be qualified to do business in any jurisdiction that the Board of the Company may deem from time to time to be necessary to be so qualified and that the officers of the Company be, and they hereby are, authorized and empowered to execute and file, in the name of and on behalf of the Company, with the Secretary of State of such jurisdictions any and all documents, certificates or the like necessary to effect such qualification of the Company as a foreign corporation in such jurisdiction.
Resolved, that the fiscal year of the Company shall end on the 31st day of the month of December of each year.
Resolved, that the principal executive office of the Company shall be at 123 King William Street, Delaware.
Resolved, that the officers of the Company are authorized to sign and execute in the name and on behalf of the Company all applications, contracts, leases and other deeds and documents or instruments in writing of whatsoever nature that may be required in the ordinary course of business of the Company and that may be necessary to secure for operation of the corporate affairs, governmental permits and licenses for, and incidental to, the lawful operations of the business of the Company, and to do such acts and things as such officers deem necessary or advisable to fulfill such legal requirements as are applicable to the Company and its business.
Resolved, that the stock certificates representing Common Stock of the Company be in substantially the form of Stock Certificate as determined by the Secretary of the Company; that each such Certificate shall bear the name of the Company, the number of shares represented thereby, the name of the owner of such shares and the date such shares were issued; and
Resolved Further, that such Stock Certificates shall be consecutively numbered beginning with No. 1; shall be issued only when the signature or signatures of any two officers of the Company (which may be the same person) are affixed thereto; and that such Certificates may also bear other wording related to the ownership, issuance and transferability of the shares represented thereby.
Resolved, that the officers of the Company are authorized and directed, for and on behalf of the Company, to sell and issue an aggregate of 3000 shares of its Common Stock for the aggregate purchase price set forth below, payable in cash, or by any other form of consideration permitted by applicable law, as follows:
Name of Purchaser | Number of Shares | Total Purchase Price |
Sophie Laurent | 1200000 | $ 120 |
Daniel Kowalski | 600000 | $ 60 |
Alex Martin | 1200000 | $ 120 |
Resolved Further, that the Board determines, after due consideration of all relevant factors, that the per share purchase price is equal to or in excess of the fair market value of the Company’s Common Stock as of the date of this consent;
Resolved Further, that the form of Restricted Stock Purchase Agreement attached as Exhibit C is adopted, ratified and approved;
Resolved Further, that the sale and issuance of Common Stock to each of the above‑named individuals or entities shall be conditioned upon the receipt by the Company of (a) the purchase price for said stock and (b) an executed Restricted Stock Purchase Agreement, including executed copies of any and all documents attached to the Restricted Stock Purchase Agreement as exhibits, substantially in the form attached as Exhibit C; provided, however, that the President of the Company is authorized and directed to amend, alter or revise the form of Restricted Stock Purchase Agreement as the President, in the President’s sole discretion, deems necessary or appropriate to accurately reflect the terms of the contemplated sale of Common Stock to each individual purchaser;
Resolved Further, that the shares of Common Stock authorized to be sold and issued by the Company shall be offered and sold in accordance with the terms of the applicable state and federal securities laws;
Resolved Further, that the President and Secretary of the Company are authorized and directed, for and on behalf of the Company, to execute a form of notice of such issuance, or any other required filings related to such issuance, and to cause such notice or other required filings, when duly executed, to be filed with the applicable government agencies;
Resolved Further, that the shares of Common Stock authorized to be sold and issued by the Company shall be offered and sold in accordance with the terms of the exemption from registration provided by Rule 701 promulgated under the Securities Act of 1933, as amended or Section 4(a)(2) of the Securities Act of 1933, as amended or Rule 506 of the Securities Act of 1933, as amended;
Resolved Further, that any shares of Common Stock now or hereafter issued by the Company that are subsequently repurchased by the Company will be immediately retired and resume the status of authorized and unissued shares of the capital stock of the Company in accordance with Section 243 of the DGCL; and
Resolved Further, that the officers of the Company are authorized and directed, for and on behalf of the Company, to take such further action and execute such additional documents as each may deem necessary or appropriate to carry out the purposes of the above resolutions.
Resolved, that the Indemnification Agreement in substantially the form attached hereto as Exhibit D (the Indemnification Agreement) is adopted and approved;
Resolved Further, that the officers of the Company are authorized to execute and deliver Indemnification Agreements on behalf of the Company with current and future (i) executive officers of the Company and (ii) members of the Board, in each case as determined by the Company, with any changes to such agreements determined by the proper officers of the Company to be desirable, such determination to be conclusively evidenced by such officer’s execution and delivery of a definitive Indemnification Agreement, and to take whatever action is deemed necessary to perform the Company’s obligations under the Indemnification Agreements; and
Resolved Further, that the officers of the Company are authorized and directed to solicit stockholder consent to the adoption of the form of Indemnification Agreement.
Resolved, that all prior acts done on behalf of the Company by the sole incorporator or the sole incorporator’s agents be, and hereby are, ratified and approved as acts of the Company; and
Resolved Further, that the sole incorporator or the sole incorporator’s agents be, and the same hereby are, discharged from any further liabilities or duties with respect to the Company and the Company further agrees to indemnify and hold harmless the sole incorporator or the sole incorporator’s agents from any liability incurred in the past or the future with respect to organizing the Company.
Resolved, that any and all written consents of the stockholders of the Company be delivered in any manner permitted under the Delaware General Corporation Law including, without limitation, by electronic mail, facsimile, or other electronic transmission.
Resolved, that the officers of the Company are authorized and directed to pay the expenses of the incorporation and organization of the Company.
Resolved, that the appropriate officers of the Company are authorized and directed, for and on behalf of the Company, to make such filings and applications, to execute and deliver such documents and instruments, and to do such acts and things as such officer deems necessary or advisable in order to obtain such licenses, authorizations and permits as are necessary or desirable for the Company’s business, and to fulfill such legal requirements as are applicable to the Company and its business and to complete the organization of the Company.
This Action may be signed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one instrument. This Action shall be filed with the minutes of the proceedings of the Board.
Each of the undersigned has executed this Action by Unanimous Written Consent as of the date set forth under such person’s name.
FOUNDER
FOUNDER
FOUNDER
Exhibit I
Action of Sole Incorporator
Exhibit II
Bylaws
Exhibit III
Stock Purchase Agreement
Exhibit IV
Indemnification Agreement