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CITRIX SYSTEMS : Amendments to Articles of Inc. or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits (form 8-K)

07/31/2015 | 04:36pm US/Eastern

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in fiscal Year.

On July 27, 2015, the Board of Directors (the "Board") of Citrix Systems, Inc. ("Citrix") adopted amended and restated bylaws (the "A&R Bylaws") to include a new Section 11 under Article 5 entitled "Exclusive Jurisdiction of Delaware Courts." Pursuant to Section 115 of the Delaware General Corporation Law, Section 11 designates the Court of Chancery of the State of Delaware as the sole and exclusive forum, to the fullest extent permitted by law, and unless Citrix consents to the selection of an alternative forum, for (i) any derivative action or proceeding brought on behalf of Citrix, (ii) any action asserting a claim of a breach of a fiduciary duty owed by any director, officer, employee or agent of Citrix to Citrix or Citrix's stockholders, (iii) any action asserting a claim arising pursuant to any provision of the Delaware General Corporation Law, Citrix's Certificate of Incorporation or Citrix's A&R Bylaws or (iv) any action asserting a claim governed by the internal affairs doctrine. The A&R Bylaws go into effect on August 1, 2015.

The foregoing description of the new bylaw provision does not purport to be complete and is qualified in its entirety by reference to the A&R Bylaws filed as Exhibit 3.1 to this Current Report on Form 8-K, which Exhibit is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

            No.     Description

          3.1       Amended and Restated Bylaws of Citrix Systems, Inc.


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