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EXHIBIT 3.70
5532-12
[STAMP]
SECRETARY OF STATE
DOVER, DELAWARE
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ETHYL DEVELOPMENT CORPORATION
RESTATED CERTIFICATE OF INCORPORATION
ETHYL DEVELOPMENT CORPORATION, a corporation organized and existing under
and by virtue of the General Corporation Law of the State of Delaware, DOES
HEREBY CERTIFY
FIRST: That the corporation was originally incorporated under the name of
Trans-Plast Corporation and the original Certificate of Incorporation was filed
with the Secretary of State of Delaware on June 15, 1960.
SECOND: That the Board of Directors of said Ethyl Development Corporation,
by the unanimous consent of its members, a copy of which is filed with the
minutes of the board, adopted resolutions proposing and declaring advisable
restating the Certificate of Incorporation of said corporation to read as set
forth in Exhibit A attached hereto, and directing that such amendment be
submitted to the Corporation's only stockholder for its written consent.
THIRD: That the said amendment has been consented to and authorized by the
holder of all the issued and outstanding stock, by a written consent given in
accordance with the provisions of Section 228 of the General Corporation Law of
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Delaware, a copy of which is filed with the Corporation's records.
FOURTH: That the aforesaid amendment was duly adopted in accordance with
the applicable provisions of Section 242 and Section 245 of the General
Corporation Law of Delaware.
FIFTH: That the capital of said corporation will not be reduced under or by
reason of said amendment.
IN WITNESS WHEREOF, ETHYL DEVELOPMENT CORPORATION has caused its corporate
seal to be affixed hereunto and this certificate to be executed by its officers
thereunto duly authorized this January 23, 1970.
[SEAL]
ATTEST: ETHYL DEVELOPMENT CORPORATION
By: /s/ F. P. Warne By: /s/ B. C. Gottwald
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F. P. Warne B. C. Gottwald
Secretary Executive Vice President
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EXHIBIT A
RESTATED CERTIFICATE OF INCORPORATION
OF
ETHYL DEVELOPMENT CORPORATION
FIRST. The name of the corporation is
ETHYL DEVELOPMENT CORPORATION.
SECOND. Its registered office in the State of Delaware is located at
No. 100 West Tenth Street, in the City of Wilmington, County of New Castle. The
name and address of its agent is The Corporation Trust Company, No. 100 West
Tenth Street, Wilmington 99, Delaware.
THIRD. The nature of the business or purposes to be conducted or
promoted are:
To engage in any lawful act or activity for which
corporations may be organized under the General Corporation
Law of Delaware.
FOURTH. The total number of shares of stock which the corporation
shall have authority to issue is
Three Hundred Thousand (300,000) shares of Common Stock
without par value.
FIFTH. Whenever a compromise or arrangement is proposed between this
corporation and its creditors or any class of them and/or between this
corporation and its stockholders or any class of them, any court of equitable
jurisdiction
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within the State of Delaware may, on the application in a summary way of this
corporation or of any creditor or stockholder thereof, or on the application of
any receiver or receivers appointed for this corporation under the provisions of
Section 291 of Title 8 of the Delaware Code or on the application of trustees in
dissolution or of any receiver or receivers appointed for this corporation under
the provisions of Section 279 of Title 8 of the Delaware Code, order a meeting
of the creditors or class of creditors, and/or of the stockholders or class of
stockholders of this corporation, as the case may be, to be summoned in such
manner as the said court directs. If a majority in number representing
three-fourths in value of the creditors or class of creditors, and/or of the
stockholders or class of stockholders of this corporation, as the case may be,
agree to any compromise or arrangement and to any reorganization of this
corporation as consequence of such compromise or arrangement, the said
compromise or arrangement and the said reorganization shall, if sanctioned by
the court to which the said application has been made, be binding on all the
creditors or class of creditors, and/or on all the stockholders or class of
stockholders, of this corporation, as the case may be, and also on this
corporation.
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SIXTH. In the absence of fraud, no contract or other transaction
between this corporation and any other corporation or any partnership or
association shall be affected or invalidated by the fact that any director or
officer of this corporation is pecuniarily or otherwise interested in or is a
director, member or officer of such other corporation or of such firm,
association or partnership or is a party to or is pecuniarily or otherwise
interested in such contract or other transaction or in any way connected with
any person or persons, firm, association, partnership or corporation pecuniarily
or otherwise interested therein; any director may be counted in determining the
existence of a quorum at any meeting of the Board of Directors of this
corporation for the purpose of authorizing any such contract or transaction with
like force and effect as if he were not so interested, or were not a director,
member or officer of such other corporation, firm, association or partnership.
SEVENTH. The corporation shall indemnify any person who was or is a
party or is threatened to be made a party to any threatened, pending or
completed action, suit or proceeding, whether civil, criminal, administrative or
investigative by reason of the fact that he is or was a director, officer,
employee or agent of the corporation, or is or was serving
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at the request of the corporation as a director, officer, employee or agent of
another corporation, partnership, joint venture, trust or other enterprise,
against expenses (including attorneys' fees), judgments, fines and amounts paid
in settlement actually and reasonably incurred by him in connection with such
action, suit or proceeding to the full extent now or hereafter permitted by the
General Corporation Law of Delaware.
EIGHTH. Every stockholder entitled to vote at any election for
directors shall have the right to cumulate his votes and give one candidate a
number of votes equal to the number of directors to be elected multiplied by the
number of votes to which his shares are entitled, or to distribute his votes on
the same principle among as many candidates as he shall think fit. The
candidates receiving the highest number of votes up to the number of directors
to be elected shall be elected.
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STATE OF VIRGINIA,
CITY OF RICHMOND, to-wit:
I, MARY D. SHEPPARD, a Notary Public in and for the City and State
aforesaid, do hereby certify that B. C. Gottwald, Executive Vice President of
ETHYL DEVELOPMENT CORPORATION a corporation of the State of Delaware, the
corporation described in and which executed the foregoing certificate, known to
me personally to be such, and he, the said B. C. Gottwald, as such Executive
Vice President, duly executed said certificate before me and acknowledged the
said certificate to be his act and deed and the act and deed of said
corporation, that the facts stated therein are true; that the signatures of the
said Executive Vice President and Secretary of said corporation to said
foregoing certificate are in the handwriting of the said Executive Vice
President and Secretary of said corporation, respectively, and that the seal
affixed to said certificate is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this January 23,
1970.
/s/ Mary D. Sheppard
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Notary Public
My commission expires 10/31/71.
[SEAL]
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