CERTIFICATE OF AMENDMENT
OF
CERTIFICATE OF INCORPORATION
OF
COVOL TECHNOLOGIES, INC.
Covol Technologies, Inc. (the "Company"), a corporation organized and
existing under and by virtue of the General Corporation Law of the State of
Delaware, DOES HEREBY CERTIFY:
1. On June 5, 2000 the Board of Directors of the Company approved (i)
an amendment to the Company's Certificate of Incorporation to change the
Company's name to "Headwaters Incorporated", and (ii) to submit such amendment
to the stockholders for their approval.
2. On September 6, 2000 the Company held a special meeting of its
stockholders where stockholders approved the proposal to amend the Company's
Certificate of Incorporation to change the Company's name (the "Stockholder
Approval").
3. Effective as of the date hereof, and after giving effect to the
Board of Director's approval and the Stockholders' Approval, Article I of the
Certificate of Incorporation shall be amended to provide as follows:
ARTICLE I
The name of the corporation is HEADWATERS INCORPORATED (hereinafter
called the "Corporation").
4. The remainder of the Certificate of Incorporation is unaffected by
this Amendment.
5. The foregoing amendment to the Certificate of Incorporation has been
duly adopted in accordance with the provisions of Section 242 of the General
Corporation Law of the State of Delaware.
IN WITNESS WHEREOF, the said Covol Technologies, Inc. has caused this
Certificate to be executed by its duly authorized Chief Executive Officer this
6th day of September, 2000.
COVOL TECHNOLOGIES, INC.
By: /s/ Kirk A. Benson
-----------------------------
Name: Kirk A. Benson
Title: Chief Executive Officer
