CHAPTER 281

FORMERLY

HOUSE BILL NO. 399

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IX, SECTION 3 OF THE CONSTITUTION OF THE STATE OF DELAWARE OF 1897, AS AMENDED, RELATING TO THE TYPES OF CONSIDERATION THAT MAY BE RECEIVED IN EXCHANGE FOR THE ISSUANCE OF STOCK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

WHEREAS, an amendment to the Constitution of the State of Delaware of 1897, as amended, was proposed in the 141st General Assembly, being Chapter 101, Volume 73, Laws of Delaware, as follows:

“AN ACT PROPOSING AN AMENDMENT TO ARTICLE IX, SECTION 3 OF THE CONSTITUTION OF THE STATE OF DELAWARE OF 1897, AS AMENDED, RELATING TO THE TYPES OF CONSIDERATION THAT MAY BE RECEIVED IN EXCHANGE FOR THE ISSUANCE OF STOCK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article IX, Section 3 of the Constitution of the State of Delaware of 1897, as amended, by repealing Article IX, Section 3 in its entirety.”; and

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 141st General Assembly.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article IX, Section 3 of the Constitution of the State of Delaware of 1897, as amended, by repealing Article IX, Section 3 in its entirety.

Approved June 16,2004