EX-3.1 2 tm239068d1_ex3-1.htm EXHIBIT 3.1

 

Exhibit 3.1

 

CERTIFICATE OF DECREASE

OF AUTHORIZED NUMBER OF SHARES OF

SERIES B CUMULATIVE CONVERTIBLE PERPETUAL PREFERRED STOCK OF

EXELA TECHNOLOGIES, INC.

 

(Pursuant to Section 151 of the

General Corporation Law of the State of Delaware)

 

EXELA TECHNOLOGIES, INC., a corporation organized and existing under the General Corporation Law of the State of Delaware (the “Corporation”),

 

DOES HEREBY CERTIFY:

 

That the Second Amended and Restated Certificate of Incorporation of the Corporation was filed in the office of the Secretary of State of Delaware on July 12, 2017, a Certificate of the Designations, Preferences, Right and Limitations of Series B Cumulative Perpetual Preferred Stock (“Series B Preferred Stock”), was filed in said office of the Secretary of State on March 10, 2022 and a Certificate of Increase of Authorized of Number of Shares of Series B Cumulative Perpetual Preferred Stock was filed in said office of the Secretary of State on July 25, 2022.

 

That the Board of Directors of the Corporation duly adopted a resolution authorizing and directing an decrease in the authorized number of shares of Series B Preferred Stock of the Corporation, from 8,600,000 shares to 8,100,000 shares, all in accordance with the provisions of Section 151 of The General Corporation Law of the State of Delaware.

 

[Signature page follows]

 

 

 

 

IN WITNESS WHEREOF, EXELA TECHNOLOGIES, INC. has caused this certificate to be signed by its authorized officer this 7th day of March, 2023.

 

  EXELA TECHNOLOGIES, INC.
   
  By: /s/ Erik Mengwall              
  Name: Erik Mengwall      
  Title: Secretary

 

 - 1 -