Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents;
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, state of formation, form of organization or principal place of business; or
(d) make any change in accounting policies or reporting practices, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents in a manner which would reasonably be expected to be adverse to the Administrative Agent and/or any of the Lenders;
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, state of formation or form of organization; or
(d) make any chance in accounting policies or reporting practices, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents, other than amendments, modifications and waivers that are not materially adverse to the interests of the Administrative Agent or the Lenders;
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, state of formation, form of organization or principal place of business; or
(d) make any change in accounting policies or reporting practices, except as permitted by GAAP or SEC rules, regulations or guidelines.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents, unless such amendments, modifications or supplements (i) are not materially adverse to the rights of the Administrative Agent or any Lender or (ii) do not materially decrease the economic benefit or other rights that any Loan Party would have otherwise received pursuant to such agreements;
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, state of formation, form of organization or principal place of business; or
(d) make any change in accounting policies or reporting practices, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents in any manner which could reasonably be expected to adversely and materially affect the rights of the Lenders under the Loan Documents or their ability to enforce the same which determination may be made in good faith by the board of directors of the Company, unless such amendment would impose additional consents or other restrictions or limitations on the pledge of, or foreclosure or similar transfer of, the Equity Interests of any Restricted Subsidiary, except as otherwise permitted pursuant to Sections 7.03 or 7.04;
(b) change the end of its fiscal year to a date other than December 31;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, state of formation, or form of organization; or
(d) make any change in accounting policies or reporting practices, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any Organization Documents of the Company or any of its Restricted Subsidiaries, in a manner adverse to the Lenders in any material respect;
(b) change the fiscal year of the Company or any of its Restricted Subsidiaries, provided, however, that any Person that becomes a Restricted Subsidiary after the date hereof may change its fiscal year to be the same as the Company;
(c) without providing prompt prior written notice to the Administrative Agent following any change in the name, state of formation or organization, form of organization or principal place of business of any Loan Party; or
(d) make any other change in accounting policies or reporting practices of the Company or any of its Restricted Subsidiaries, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents in any manner materially adverse to the interests of the Administrative Agent and the Lenders;
(b) without providing ten (10) Business Days prior written notice, change its fiscal year (which may only be implemented once);
(c) without providing five (5) days prior written notice to the Administrative Agent (or such extended period of time as agreed to by the Administrative Agent), change its name, jurisdiction of formation, form of organization or principal place of business;
(d) make any change in accounting policies or reporting practices (other than to change from a gross revenue basis to net revenue basis of accounting), except as required by GAAP or permitted by GAAP; provided, that: (i) the Borrower shall promptly notify the Administrative Agent of such change or changes and (ii) the provisions of Section 1.03(b) shall apply; or
(e) elect to treat any Foreign Subsidiary that is a Subsidiary on the Closing Date as a corporation for U.S. federal income tax purposes.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents if such amendment would be materially adverse to the interests of the Lender;
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Lender (or such extended period of time as agreed to by the Lender), change its name, state of formation, form of organization or principal place of business;
(d) make any material change in accounting policies or reporting practices, except as required by GAAP; or
(e) amend the Share Purchase Agreement in a manner materially adverse to the Lender.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. DB1/ 00000000.10
(a) Amend any Organization Documents of the Borrower or any of its Restricted Subsidiaries, in a manner adverse to the Lenders or the Administrative Agent in any material respect;
(b) change the fiscal year of the Borrower or any of its Restricted Subsidiaries, provided, however, that any Person that becomes a Restricted Subsidiary after the date hereof may change its fiscal year to be the same as the Borrower;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such shorter period of time as agreed to by the Administrative Agent), change in the name, state of formation or organization, form of organization or principal place of business of the Borrower or any other Loan Party; or
(d) make any other change in accounting policies or reporting practices of the Borrower or any of its Restricted Subsidiaries, except as required by GAAP.
Amendments of Organization Documents; Fiscal Year; Legal Name, State of Formation; Form of Entity and Accounting Changes. (a) Amend any of its Organization Documents in any manner adverse to the interests and rights of the Administrative Agent or any Lender under the Loan Documents (it being acknowledged and agreed that the conversion of any Loan Party that is a corporation (other than a Borrower) to a limited liability company shall not be deemed to adversely affect the interests and rights of the Administrative Agent or any Lender so long as (a) the Organization Documents of such limited liability company are substantially similar to the Organization Documents of any other Loan Party that is a limited liability company on the Closing Date, (b) the Administrative Agent is satisfied, in its sole and absolute discretion, that the liabilities and obligations of such Loan Party under the Loan Documents continue to be vested in the converted Loan Party and (c) the Administrative Agent is provided not less than 10 Business Days prior written notice of such conversion);
(b) change its fiscal year;
(c) without providing ten (10) days prior written notice to the Administrative Agent (or such shorter period of time as agreed to by the Administrative Agent), change its name, state of formation, form of organization or principal place of business; or
(d) make any material change in accounting policies or reporting practices, except as required by GAAP.
