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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 1/17/23 Broad Capital Acquisition Corp. 8-K:1,3,5,7 1/10/23 14:357K M2 Compliance LLC/FA |
Document/Exhibit Description Pages Size 1: 8-K Current Report HTML 72K 2: EX-3.1 Articles of Incorporation/Organization or Bylaws HTML 14K 3: EX-10.1 Material Contract HTML 31K 4: EX-99.1 Miscellaneous Exhibit HTML 12K 9: R1 Cover HTML 55K 12: XML IDEA XML File -- Filing Summary XML 13K 10: XML XBRL Instance -- form8-k_htm XML 23K 11: EXCEL IDEA Workbook of Financial Reports XLSX 8K 6: EX-101.DEF Inline XBRL Taxonomy Extension Definition Linkbase XML 75K Document -- brac-20230110_def 7: EX-101.LAB Inline XBRL Taxonomy Extension Label Linkbase XML 105K Document -- brac-20230110_lab 8: EX-101.PRE Inline XBRL Taxonomy Extension Presentation XML 72K Linkbase Document -- brac-20230110_pre 5: EX-101.SCH Inline XBRL Taxonomy Extension Schema Document -- XSD 16K brac-20230110 13: JSON XBRL Instance as JSON Data -- MetaLinks 27± 38K 14: ZIP XBRL Zipped Folder -- 0001493152-23-001495-xbrl Zip 36K
Exhibit 3.1
FIRST AMENDMENT TO THE
AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF
BROAD CAPITAL ACQUISITION CORPORATION
Pursuant to Section 242 of the Delaware General Corporation Law
BROAD CAPITAL ACQUISITION CORPORATION (the “Corporation”), a corporation organized and existing under the laws of the State of Delaware, does hereby certify as follows:
1. | The name of the Corporation is Broad Capital Acquisition Corporation. The Corporation’s Certificate of Incorporation was filed in the office of the Secretary of State of the State of Delaware on April 16, 2021 (the “Original Certificate”). An Amended and Restated Certificate of Incorporation was filed in the office of the Secretary of State of the State of Delaware on January 10, 2022 (the “Amended and Restated Certificate of Incorporation”). | |
2. | This Amendment to the Amended and Restated Certificate of Incorporation amends the Amended and Restated Certificate of Incorporation of the Corporation. | |
3. | This Amendment to the Amended and Restated Certificate of Incorporation was duly adopted by the affirmative vote of the holders of 65% of the stock entitled to vote at a meeting of stockholders in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware (the “DGCL”). | |
4. | Section 9.1(c) is hereby added to Article IX as follows: |
(c) | In the event that the Corporation has not consummated an initial Business Combination within 12 months from the date of the closing of the Offering, upon the Sponsor’s request, the Corporation may extend the period of time to consummate a Business Combination by an additional nine months, provided that (i) the Sponsor (or its affiliates or permitted designees) will deposit into the Trust Account an additional $0.0625 per share for each such one-month extension until October 13, 2023, unless the Closing of the Company’s initial business combination shall have occurred for such extension in exchange for a non-interest bearing, unsecured promissory note payable upon consummation of a Business Combination and (ii) the procedures relating to any such extension, as set forth in the Trust Agreement, shall have been complied with. The gross proceeds from the issuance of such promissory note(s) shall be held in the Trust Account and used to fund the redemption of the Offering Shares in accordance with Section 9.2. |
IN WITNESS WHEREOF, Broad Capital Acquisition Corporation has caused this Amendment to the Amended and Restated Certificate to be duly executed in its name and on its behalf by an authorized officer as of this 11th day of January 2023.
BROAD CAPITAL ACQUISITION CORPORATION | ||
By: | /s/ Johann Tse | |
Name: | Johann Tse | |
Title: | Chief Executive Officer |
C:
This ‘8-K’ Filing | Date | Other Filings | ||
---|---|---|---|---|
10/13/23 | ||||
Filed as of: | 1/17/23 | 425 | ||
Filed on: | 1/13/23 | 425 | ||
For Period end: | 1/10/23 | |||
1/10/22 | 8-A12B, 8-A12B/A, 8-K, CERT, EFFECT | |||
4/16/21 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 5/01/24 Broad Capital Acquisition Ltd. S-4/A 42:19M M2 Compliance LLC/FA 3/22/24 Broad Capital Acquisition Ltd. S-4/A 44:17M M2 Compliance LLC/FA 3/14/24 Broad Capital Acquisition Corp. 10-K 12/31/23 41:4M M2 Compliance LLC/FA 1/16/24 Broad Capital Acq Pty Ltd. S-4/A 65:19M M2 Compliance LLC/FA 11/13/23 Broad Capital Acq Pty Ltd. S-4/A 66:34M M2 Compliance LLC/FA 8/07/23 Broad Capital Acq Pty Ltd. S-4 46:21M M2 Compliance LLC/FA 3/27/23 Broad Capital Acq Pty Ltd. DRS¶ 8/07/23 1:8.5M M2 Compliance LLC/FA 3/17/23 Broad Capital Acquisition Corp. 10-K 12/31/22 43:3.6M M2 Compliance LLC/FA |