Exhibit 3.3
AMENDMENT TO
CERTIFICATE OF DETERMINATION OF PREFERENCES
OF
7.000% CUMULATIVE PREFERRED STOCK, SERIES H
OF
PS BUSINESS PARKS, INC.
The undersigned, David Goldberg and Edward A. Stokx, Vice President and Secretary, respectively, of PS BUSINESS PARKS, INC., a California corporation (the “Corporation”), do hereby certify:
FIRST: Pursuant to and in accordance with the provisions of Section 401(c) of the California Corporations Code and the Articles of Incorporation of the Corporation, the Board of Directors of the Corporation has duly adopted the recitals and resolutions attached hereto as Exhibit A and incorporated herein by reference authorizing and increasing the authorized number of shares of the Corporation’s 7.000% Cumulative Preferred Stock Series H, from 6,900 to 8,200 for a net increase of 1,300 shares.
SECOND: The number of shares of the Corporation’s 7.000% Cumulative Preferred Stock, Series H, that are currently outstanding is 6,900.
We further declare under penalty of perjury under the laws of the State of California that the matters set forth in the foregoing certificate are true and correct of our own knowledge.
IN WITNESS WHEREOF, the undersigned has executed this certificate on October 19, 2004.
|
/s/ David Goldgerg
|
| David Goldberg |
| Vice President |
|
/s/ Edward A. Stokx
|
| Edward A. Stokx |
| Secretary |
EXHIBIT A
RESOLUTION OF THE BOARD OF DIRECTORS
OF
PS BUSINESS PARKS, INC.
INCREASING THE AUTHORIZED NUMBER OF SHARES OF
7.000% CUMULATIVE PREFERRED STOCK, SERIES H
RESOLVED: That, pursuant to the authority conferred in the Board of Directors by Article III of the Restated Articles of Incorporation of this corporation and the resolutions creating the corporation’s 7.000% Cumulative Preferred Stock, Series H, the number of shares constituting the corporation’s 7.000% Cumulative Preferred Stock, Series H, is increased from 6,900 shares to 8,200 shares.
