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EXHIBIT 3.82
FILED
MAY 4 1992
OKLAHOMA SECRETARY
OF STATE
CERTIFICATE OF INCORPORATION
OF
DIAGNOSTIC PATHOLOGY MANAGEMENT SERVICES, INC.
1. The name of this corporation is DIAGNOSTIC PATHOLOGY MANAGEMENT
SERVICES, INC.
2. The address (including the street, number, city and county) of the
corporation's registered office in the State of Oklahoma, is 1400 NORTH SHARTEL
AVENUE, OKLAHOMA CITY, COUNTY, OKLAHOMA. 73103. The name of the corporation's
registered agent at such address is HOWARD LYNN WISDOM.
3. The purpose of the corporation is to engage in any lawful act or
activity for which corporations may be organized under the general corporation
law of the State of Oklahoma.
4. The total number of shares of stock which the corporation shall have
authority to issue is Fifty Thousand (50,000) shares, each of the shares having
a par value of One Dollar ($1.00), thereby resulting in the corporation having
total authorized capital stock in the amount of Fifty Thousand Dollars
($50,000.00), all of which shall be Common Stock.
The Board of Directors of the corporation shall have full authority, to the
extent permitted by law, to increase, decrease or otherwise adjust the capital
stock of the corporation, to designate the classes or series thereof and to
determine whether all or any part of such stock shall have voting powers, full
or limited, or no voting powers, and to determine such designations and such
powers, preferences, relative, participating or optional, or other special
rights, and the qualifications, limitations or restrictions thereof as the Board
shall from time to time determine in duly adopted resolutions.
At any time and from time to time when authorized by revolution of the
Board of Directors and without any action by its shareholders, the corporation
may issue or sell any shares of its capital stock of any class or series,
whether out of the unissued shares thereof authorized by the Certificate of
Incorporation of the corporation as originally filed or by an amendment thereof
or out of shares of its capital stock acquired by it after the issue thereof,
and whether or not the shares thereof so issued or sold shall confer upon the
holders thereof the right to exchange or convert such shares for or into other
shares of capital stock of the corporation of any class or classes or any series
thereof. When similarly authorized, but without any action by its shareholders
the corporation may issue or grant rights, warrants or options, in bearer or
registered or such other form as the Board of Directors may determine, for the
purchases of shares of the capital stock of any class or series of the
corporation within such
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period of time, or without limit as to time to such aggregate number of shares,
and at such price per share, as the Board of Directors may determine. Such
rights, warrants or options may be issued or granted separately or in connection
with the issue of any bonds, debentures, notes, obligations or other evidences
of indebtedness or shares of the capital stock of any class or series of the
corporation and for such consideration and on such terms and conditions as the
Board of Directors in its sole discretion may determine. In each case, the
consideration to be received by the corporation for any such shares so issued or
sold shall be such as shall be determined from time to time by resolution of the
Board of Directors.
5. The name and mailing address of each incorporator is as follows:
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<Caption>
NAME MAILING ADDRESS
---- ---------------
HOWARD LYNN WISDOM 1400 NORTH SHARTEL AVENUE
OKLAHOMA CITY, OK 73103
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6. In furtherance and not in limitation of the powers conferred by statute,
the Board of Directors is expressly authorized:
(a) To adopt, amend or repeal the By-Laws of the corporation.
(b) To authorize and cause to be executed or granted mortgages,
security interests and liens upon the real and personal property of the
corporation.
(c) To set apart out of any of the funds of the corporation available
for dividends a reserve or reserves for any proper purpose and to abolish
any such reserve in the manner in which it was created.
(d) By a majority of the whole Board of Directors, to designate one or
more committees, each committee to consist of one (1) or more of the
directors of the corporation. The Board may designate one (1) or more
directors as alternate members of any committee, who may replace any absent
or disqualified member at any meeting of the committee. Any such committee,
to the extent provided in the resolution or in the By-Laws of the
corporation, shall have and may exercise the powers of the Board of
Directors in the management of the business and affairs of the corporation,
and may authorize the seal of the corporation to be affixed to all papers
which may require it; provided, however, the By-Laws may provide that in
the absence or disqualification of any member of such committee or
committees, the member or
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members thereof present at any Meeting and not disqualified from voting,
whether or not he or they constitute a quorum, may unanimously appoint
another member of the Board of Directors to act at the meeting in the place
of any such absent or disqualified member.
(a) when and as authorized by the affirmative vote of the holders of a
majority of the stock and issued and outstanding having voting power given
at a shareholders' meeting duly called upon such notice as is required by
law, or when authorized by the written consent of the holders of a majority
of the voting stock issued and outstanding, to sell, lease or exchange all
or substantially all of the property and asset of the corporation,
including its goodwill and its corporate franchises, upon such terms and
conditions and for such consideration, which may consist in whole or in
part of money or property including shares of stock in and/or other
securities of any other corporation or corporations, as its Board of
Directors shall deem expedient and for the best interests of the
corporation.
7. Whenever a compromise or arrangement is proposed between the corporation
and its creditors or any class of them and/or between this corporation and its
shareholders or any class of them, any court of equitable jurisdiction within
the State of Oklahoma, on the application in a summary way of this corporation
or of any creditor or shareholder thereof, or on the application of any receiver
or receivers appointed for this corporation under the provisions of Section 1106
of Title 18 of the Oklahoma Statutes or on the application of trustees in
dissolution or of any receiver or receivers appointed for this corporation under
the provisions of Section 1100 of Title 18 of the Oklahoma. Statutes order a
meeting of the creditors or class of creditors, and/or of the shareholders or
class of shareholders of this corporation, as the case may be, to be summoned in
such manner as the court directs. If a majority in number representing
three-fourths (3/4ths) in value of the creditors or class of creditors, and/or
of the shareholders or class of shareholders 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 compromise or
arrangement and the organization shall, if sanctioned by the court to which the
application has been made, be binding on all the creditors or class of creditors
and/or on all the shareholders or class of shareholders of this corporation, as
the case may be, and also on this corporation.
8. Meetings of shareholders may be held within or without the State of
Oklahoma, as the By-Laws may provide. The books of the corporation may be kept
(subject to applicable law) inside or outside the State of Oklahoma, or at such
place or places as may
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be designated from time to time by the Board of Directors or in the By-Laws of
the corporation. Elections of directors need not be by written ballot unless the
By-Laws of the corporation shall so provide.
9. To the extent permitted by law, no contract or transaction, between
the corporation and one or more of its directors or officers, or between the
corporation and any other corporation, partnership, association or other
organization in which one or more of its directors or officers are directors
or officers or have a financial interest, shall be void or voidable solely
for this reason, or solely because the directors or officers are present at
or participate in the meeting of the board or committee thereof which
authorizes the contract or transaction, or solely because the directors or
officers or their votes are counted for such purpose.
10. The Board of Directors is expressly authorized to indemnify any
person who was or is a party or is threatened to be made a party to any
threatened, pending of completed action, suit or proceeding whether civil,
criminal, administrative or investigative, other than an action by or in the
right of the corporation by reason of the fact that such person is or was a
director, officer, employee or agent of the corporation or is or was serving
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 to the extent and in the manner permitted by the laws of
the State of Oklahoma.
11. In furtherance and not in limitation of the powers conferred by the
laws of the State of Oklahoma, the Board of Directors is expressly authorized
to adopt, amend or repeal the By- Laws of the corporation.
12. The corporation reserves the right to amend, alter, change or repeal
any provision contained in this Certificate of incorporation, in the manner
now or hereafter prescribed by law, and all rights conferred upon the
shareholders herein are granted subject to this reservation.
THE UNDERSIGNED, being the sole incorporator hereinbefore named, for the
purpose of forming a corporation pursuant to the Oklahoma General Corporation
Act, makes this Certificate, hereby declaring and certifying that this is the
act and deed of the undersigned and that the facts herein stated are true, as of
this 4th day of May, 1992.
/s/ HOWARD LYNN WISDOM
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Howard Lynn Wisdom
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