Attached files
| file | filename |
|---|---|
| 8-K - FORM 8-K - ATI LIQUIDATING, INC. | aviza_8k-102109.htm |
EXHIBIT
3.1
CERTIFICATE
OF AMENDMENT TO
THE
AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF
AVIZA
TECHNOLOGY, INC.
Aviza
Technology, Inc. (the “Company”), a corporation
organized and existing under the General Corporation Law of the State of
Delaware (the “DGCL”),
hereby certifies as follows:
1. The
name of the Company as it appears in the records of the Delaware Secretary of
State is Aviza Technology, Inc.
2. Article
I of the Amended and Restated Certificate of Incorporation of the Company is
restated to read in its entirety as follows:
“I.
The name of the corporation is ATI Liquidating, Inc. (the “Corporation”).”
3. The
foregoing amendment was directed by an order of the United States Bankruptcy
Court for the Nothern District of California, San Jose Division, was adopted in
accordance with Section 303 of the DGCL, and was subsequently approved by
unanimous written consent of the Board of Directors of the Company.
IN WITNESS WHEREOF, the
undersigned has caused this Certificate of Amendment to the Amended and Restated
Certificate of Incorporation to be duly executed as of the 19th day of
October, 2009.
| AVIZA TECHNOLOGY, INC. | |||
|
|
By:
|
/s/ Patrick C. O’Connor | |
| Name: | Patrick C. O’Connor | ||
|
Title:
|
Chief
Restructuring Officer
|
||