The herald. [volume] (New Orleans, La.) 1905-1953, 1921-05-19
CHARTER THERMO SODA COMPANY,
INC.

u,
UNITED STATES OF AMERICA
STATE OF LOUISIANA, PARISH OF
ORLEANS. CITY OF NEW ORLEANS
Bt it known, that on this twenty second
day of the month of April, in the year
one thousand nine hundred and twenty
one, before me. John X. Upton, a Notary
Public, in and for this city and the Parish
OF Orleans, State of Louisiana, therein re-
siding, duly commissioned and qualified
and in the presence of the witnesses here
matter named and undersigned, person
ally came and appeared the several per-
sons whose names are hereuntO subscribed
who declared to me, Notary, that, ayailing
themselves of the provisions of the laws
of this State relative to the organization
OF corporations. and particularly to Act
26I OF 1914, they have covenanted and
agreed, and by these presents do cOyen-
ant and agree for themselves, their sue
cessors and assigns, to form themselves
INTO corporation and body polite. for
the objects and purposes. and under the
Stipulations hereinafter set forth, tO-wit:
ARTICLE 1.-The name and title of this
corporation shall be THERMO SODA COM
PANY, INC, and under such title it shall
have and enjoy succession and existence
for period of ninety-nine years from the
date hereof, unless sooner dissolved; il
shall have power and authority to con-
tract, sue and be sued: to make and use
a corporate seal, the same to alter and
break at pleasure; to have, hold, buy, sell
lease, mortgage and hypOthecate or pied sc
property, real, personal or mixed. neces-
sary, proper or incidental for the carrying
Oh of its business, as well as to issue
bonds or notes secured by such mort
cages; TO make and issue notes and other
certificates of Indebtedness; to name, elect
and appoint managers, directors, clerks
and other employees to properly conduct
ITS corporate business; to make such by
laws, rules and regulations as may be
necessary or found desirable for the man
agement of its business and affairs; and,
generally, to do every other act matter or
thing necessary or desirable for the COM
plete and proper carrying out of said
business, both in the State of Louisiana
and elsewhere.
ARTICLE 1.-THE domicile of this cor
poratIon shall be in the City of New Or
leans, State of Louisiana. where all citations
or other legal process shall be served upon
the President, or, in his absence on the
lce-Pres1dent, and, in the absence of both,
on the Secretary.
ARTICLE III.-ghe objects and pur-
poses for which this corporation is organ.
lied, and the nature of the business to be
carried on by 1t, are hereby declared and
stated to be: To engage in the business
OF general restaurant, soda water, pastry,
cigars and tobacco; to manufacture and
sell, both wholesale and retail ice cream
soda water, candy, bread and all other
commodities generally bought and sold in
any Of the business above enumerated; to
rent, buy, own. sell and exchange real
estate. buildings and warehouses, and ia
mortgage and hypothecate the same; to
operate store or stores where the manu-
featured or other products of this cor
poration may be sold; to issue notes and
other securities in the purchase of prop
erty or goods; TO represent others as
agents or otherwise in the same or sim
mar lines OF business; to act as manufac.
turers agent, and receive and sell goods
on consignment; to acquire and own stock
In other corporations; and, generally, to
do and perform any and all other acts
necessary, convenient or proper to carry
out the objects and purposes of this cor.
poration-in the State of Louisiana and
elsewhere.
ARTICLE Iv.-The capital stock of this
Thousand (s2O.OOOOO) Dollars, divided into
or represented by Eighty 500 Shares OF
the par value of One Hundred $500 O01
Dollars, and Twelve Hundred G2OO,
shares OF the par value of Ten $4,000
Dollars. Said stock shall consist of and
be issued as two different classes:
First, the preferred stock, and, second
the common stock.
Section !. The amount of preferred
stock, as above recited is fixed at the
sum of Eight Thousand (ss.OOOOW Dol
lars, divided into and represented by
Eighty 500 Shares of the par value OF
One Hundred ($100.00) Dollars each. The
preferred stock shall be entitled to prefer
ence ana priority over the common stock
in payment of annual dividends at the
rate Of ten u0S6) per cent per annum
payable out OF the profits; such dividends
snail be cumulative, limited to ten QOod
per cent per annum, and said preferred
stock shall be entitled to no other or
further share in the profits. In the event
or liquidation or winding up of the affairs
or this corporation, whether voluntary or
involuntary, the holders of the preferred
STOCK s snail be paid in fullkby preference
ana priority over the common stockhold-
ers, the par value of their shares, to-
gether with unpaid dividends at the rate
OF ten per cent per annum from date until
GATE or liquidation. The remaining assets
ana funds shall be divided and paid to the
holders of, the common stock, according To
their respective shares
section 2. The amount Of common stock
Is fixed at Twelve Thousand (S12, 900 OO1
dollars, Of the par value of Ten $4,000
Dollars each, and shall be entitled to such
dividends as may be declared by the
Board of Directors, subject to the pro
visions of Section / hereof. and not other
wise. The said common stock shall in the
event of the liquidation and dissolution OF
this corporation, whether voluntary or in
voluntary. be accorded the rights under
/ Section l hereof
All voting rights and privileges shall b
vested In the preferred stock of this cor
P"'oaoh at all tfettlsns, Wnetner Tor oil
rectors or otherwise. and the holders OF
preferred stock shall be entitled to one
vote for each share Of stock standing In
mis- or her name on the books of this
corporation. Separate stock books and
stock registers shall be kept for each class
of stock
Forty (40) shares, or four thousand
tS4.OO0.OO) dollars of the Preferred stock
and six hundred (6O0) shares or six thou
sand S6OOO.00) dollars OF the common
stock of this corporation must be sub
scribed before the filing of the articles OF
Incorporation. The subscribed capita
stock of this corporation, both preferred
and common. shall be payable in cash
property (real and personaD, good will
or for labor and services rendered. And
this corporation shall not engage in bust
ness until forty (40) shares or four thou
sand ga 000.00) dollars Of the preferred
stock, and six hundred (600) shares or ST,
thousand ts6,000} dollars of the common
stock of this corporation shall have beer
subscribed, and twenty t20) shares of TIVE
thousand $4,000 0O) dollars of the pre-
ferred stock. and three hundred 600
shares of the common stock or three thou
sand ($3000.00) dollars shall have beer
issued and paid in, In cash, property, oil
good will. II any stock of this corpora
ton IL exchanged, either in whole or II
part. for property or good will. then, ant
| In that event. the provisions Of Section
of Act 267 Of 1914 shall pc complied will