Amendments to Constituent Documents, Etc Clause Samples
The "Amendments to Constituent Documents, Etc" clause defines the process and requirements for making changes to a company's foundational legal documents, such as its articles of incorporation or bylaws. Typically, this clause outlines who has the authority to propose and approve amendments, such as shareholders or directors, and may specify voting thresholds or notice periods required for such changes. Its core practical function is to ensure that any modifications to key governing documents are made transparently and with appropriate oversight, thereby protecting the interests of stakeholders and maintaining organizational stability.
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents and (ii) it will not amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders).
Amendments to Constituent Documents, Etc. The Borrower shall not (i) amend, modify or take any action inconsistent with its Constituent Documents or (ii) amend, modify or waive any term or provision in any Facility Document without the prior written consent of the Administrative Agent.
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), (i) it shall not, in any material respect, amend, modify or take any action inconsistent with its Constituent Documents (provided, however, in the event of any amendment or other modification to its Constituent Documents required by Law, the Borrower shall only be required to give the Administrative Agent prior written notice of such amendment or other modification) and (ii) it will not amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders).
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), but subject to 5.03(g) (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents (including changing its jurisdiction of organization) and (ii) it will not amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with any provision thereof and, if applicable, requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders).
Amendments to Constituent Documents, Etc. It will not amend, modify or waive Section 9(j) of the LLC Agreement and without the consent of the Administrative Agent and each Required Lender (such consent not to be unreasonably withheld or delayed), but subject to 5.03(g), (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents in any manner adverse to the interest of the Administrative Agent or the Lenders and (ii) it will not amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with the respective terms thereof).
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent and the Required Lenders, (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents; provided that with respect to any amendment or modification of its Constituent Documents that could not reasonably be expected to adversely affect the rights of the Administrative Agent or any Lender hereunder, the consent of the Administrative Agent and the Required Lenders shall not be unreasonably delayed or withheld, and (ii) it will not amend, modify, terminate or waive any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders).
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent, it shall not (i) amend or modify either (x) the special purpose provisions contained in its Constituent Documents or (y) any other provisions of its Constituent Documents in any manner that could reasonably be expected to result in a Material Adverse Effect, (ii) take any action inconsistent with its Constituent Documents and (iii) amend, modify or waive any non-ministerial term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders); provided that the Borrower may, without the consent of the Administrative Agent but subject to the delivery of a customary legal opinion as to the due authorization and enforceability of the Borrower to amend or modify such provisions of the Constituent Documents, amend, modify or amend or restate its Constituent Documents in order to convert from a limited partnership to a limited liability company in connection with the Expected Restructuring.
Amendments to Constituent Documents, Etc. The Borrower shall not (i) amend, modify or take any action inconsistent with its Constituent Documents or (ii) amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders); provided that any such amendment, modification or waiver shall be in a material respect if the Borrower fails to provide at least five (5) Business Days’ prior written notice to the Administrative Agent or the Administrative Agent notifies the Borrower that such amendment is material. The Administrative Agent hereby acknowledges and agrees to the restatement, as of the Closing Date, of the LLC Agreement, in the form certified to the Administrative Agent.
Amendments to Constituent Documents, Etc. Without the consent of the Facility Agent and solely for purposes of clause (i) a Majority of the Class A Lenders and a Majority of the Class B Lenders, (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents; provided that with respect to any amendment or modification of its Constituent Documents that could not reasonably be expected to adversely affect the rights of the Facility Agent or any Lender hereunder, the consent of the Facility Agent, Class A Lenders and Class B Lenders shall not be unreasonably delayed or withheld, and (ii) it will not amend, modify, terminate or waive any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Facility Agent or all or a specified percentage of the Lenders).
Amendments to Constituent Documents, Etc. Without the consent of the Administrative Agent (such consent not to be unreasonably withheld or delayed), (i) it shall not amend, modify or take any action inconsistent with its Constituent Documents and (ii) it will not amend, modify or waive in any material respect any term or provision in any Facility Document (other than in accordance with any provision thereof requiring the consent of the Administrative Agent or all or a specified percentage of the Lenders). The Administrative Agent hereby acknowledges and agrees to the restatement, as of the Closing Date, of the limited liability company agreement of the Borrower, in the form certified to the Administrative Agent pursuant to Section 3.01(b).
