Attached files
| file | filename |
|---|---|
| 10-Q - FORM 10-Q - Attitude Drinks Inc. | f10q0909_attitude.htm |
| EX-32.1 - CERTIFICATION - Attitude Drinks Inc. | f10q090932i_attitude.htm |
| EX-31.1 - CERTIFICATION - Attitude Drinks Inc. | f10q0909ex31i_attitude.htm |
Exhibit
4.6
Delaware
The
first State
I, JEFFREY
W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "ATTITUDE DRINKS
INCORPORATED", FILED IN THIS OFFICE ON THE EIGHTEENTH DAY OF
SEPTEMBER, A.D. 2009, AT 9 O'CLOCK
P.M.
A FILED COPY
OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF
DEEDS.
|
2160417 8100
|
 |
/s/ Jeffrey W. Bullock |
| 090868651 | Jeffrey W. Bullock, Secretary of State | |
| You may verify that certificate online at corp.delaware.gov/authver.shtml |
AUTHENTICATION:
7550157
|
|
|
DATE:
09-25-09
|
|
|
State
of Delaware
Secretary
of State
Division
of Corporations
Delivered
10:18 PM 09/18/2009
FILED
09:00 PM 09/18/2009
SRV
090868651 - 2160417 FILE
|
AMENDMENT
TO
THE
CERTIFICATE
OF DESIGNATION OF THE RELATIVE RIGHTS AND
PREFERENCES
OF THE SERIES A CONVERTIBLE PREFERRED STOCK
OF
ATTITUDE
DRINKS INCORPORATED (formerly Mason Hill Holdings, Inc.)
The. undersigned
being the Chief Executive Officer of Attitude Drinks Incorporated a
Delaware corporation (the "Company"), in accordance with the provisions of the
Delaware General Corporation Law, does hereby certify that, pursuant to the
authority conferred upon the Board of Directors by the Certificate of
Incorporation of the Company, the following resolutions modifying the
Certificate of Designation of the Relative Rights and Preferences of the Series
A Convertible Preferred Stock (the "Certificate of Designation") were duly
adopted on September 4,2009:
WHEREAS, the
Board of Directors of the Company, pursuant to the authority expressly vested in
it, had previously adopted resolutions creating the Series A Convertible
Preferred Stock, which resolutions were incorporated into the Certificate of
Designation filed with the Secretary of State of the State of Delaware on or
about June 2, 2006;
RESOLVED, that
Section 2(A) of the Certificate of Designation is hereby deleted in its entirety
and the following shall be substituted in lieu thereof;
2. Rights, Powers, and
Preferences
The
Series A shall have the voting powers, preferences and relative, participating,
optional and other special rights, qualifications, limitations and restrictions
as follows:
A. Designation
and Amount, Out
of the Twenty Million (20,000,000) shares of the $.001 par value authorized
preferred stock all Twenty Million (20,000,000) shares shall be designated as
shares of "Series A."
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remainder of this page is intentionally left blank]
IN WITNESS
WHEREOF, Attitude Drinks Incorporated has caused this Amendment to be signed by
its Chief Executive Officer on this 4th day
of September 2009.
| ATTITUDE DRINKS INCORPORATED | |||
|
|
By:
|
Roy G. Warren | |
| Name: Roy G. Warren | |||
| Title: Pres., CEO | |||