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HSY » Topics » PROPOSAL NO. 3 AND NO. 4 TO AMEND THE COMPANYS RESTATED CERTIFICATE OF INCORPORATION

This excerpt taken from the HSY DEF 14A filed Mar 10, 2005.

PROPOSAL NO. 3 AND NO. 4 TO AMEND THE COMPANY’S RESTATED
CERTIFICATE OF INCORPORATION

At a meeting held February 15, 2005, the Board of Directors of the Company adopted resolutions declaring it advisable and in the best interests of all stockholders to amend the Company’s Restated Certificate of Incorporation, as amended (“Certificate”).

The proposals to amend the Certificate would (a) increase the authorized number of shares of the Company’s Common Stock, par value one dollar ($1.00) per share (“Common Stock”), from

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450,000,000 to 900,000,000 shares and increase the authorized number of shares of the Company’s Class B Common Stock, par value one dollar ($1.00) per share (“Class B Stock”), from 75,000,000 to 150,000,000 shares, which would increase the Company’s total authorized capital stock to 1,055,000,000 shares, and (b) change the name of the Company from Hershey Foods Corporation to The Hershey Company.

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