Common use of Amendments of Constitutive Documents Clause in Contracts

Amendments of Constitutive Documents. Amend, or permit any of its Restricted Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in a manner materially adverse to the Lenders. Nothing contained in this Section 5.02(h) shall be deemed to prohibit any Subsidiary or the parent entity of such Subsidiary from reorganizing or changing the entity form of such Subsidiary upon prior notice to the Administrative Agent and provided that such reorganization or change is not materially adverse to the Lenders (it being understood that any reorganization or change into a limited partnership or a limited liability company by any Subsidiary or the parent entity of such Subsidiary shall not be deemed to be materially adverse to the Lenders).

Appears in 6 contracts

Samples: Asset Based Term Loan Agreement (Express, Inc.), Loan Credit Agreement (Express, Inc.), Security Agreement (Express, Inc.)

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Amendments of Constitutive Documents. Amend, or permit any of its Restricted Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in a manner materially adverse to the Lenders. Nothing contained in this Section 5.02(h5.01(h) shall be deemed to prohibit any Restricted Subsidiary or the parent entity of such Restricted Subsidiary from reorganizing or changing the entity form of such Restricted Subsidiary upon prior notice to the Administrative Agent and provided that such reorganization or change is not materially adverse to the Lenders (it being understood that any reorganization or change into a limited partnership or a limited liability company by any Restricted Subsidiary or the parent entity of such Restricted Subsidiary shall not be deemed to be materially adverse to the Lenders).

Appears in 2 contracts

Samples: Credit Agreement (Metrologic Instruments Inc), Credit Agreement (Metrologic Instruments Inc)

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