Common use of Capital Structure and Business Clause in Contracts

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule 3.8 (3.8), including the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock), or (c) amend its charter or bylaws in a manner which would adversely affect the Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make ------------------------------ any changes in any of its business objectives, purposes or operations which could in any way materially adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including including, other than as to Parent, the issuance of ------------------------- any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in each case in a manner which would materially adversely affect Agent Agents or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which that could in any way adversely affect the repayment of the Term Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants Stock or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans Reimbursement Obligations or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which would adversely affect Agent or Lenders Creditor or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), ) including (other than with respect to Verdant) the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, Stock or (c) amend its charter or bylaws in a manner which would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related theretoit.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans Revolving Loan or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), ) including (other than with respect to Ringer) the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, Stock or (c) amend its charter or bylaws in a manner which would adversely affect Agent or Lenders Lender or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which that could in any way adversely affect the repayment of the Loans Revolving Loan or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which that would adversely affect Agent or Lenders or such Credit Party's ’s duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, Stock or (c) amend its charter or bylaws in a manner which that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related theretoit.

Capital Structure and Business. No Credit Loan Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way reasonably be expected to affect adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, Effect (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including the issuance of issue any shares of Disqualified Stock, warrants or other securities convertible into Disqualified Stock or revise any revision of the terms of its outstanding Stock to the extent it would become Disqualified Stock, or (c) amend its charter or bylaws in a manner which would adversely affect Administrative Agent or Lenders or such Credit Loan Party's ’s duty or ability to repay the Obligations. No Credit Loan Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably a business substantially related theretoto such business.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way materially adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including including, other than as to Parent, the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in each case in a manner which would materially adversely affect Administrative Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on in Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, ; or (c) amend its charter or bylaws in a manner which that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related theretoit.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) except for Borrower, make any change in its capital structure as described on Disclosure Schedule (3.8), including the issuance of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock, or (c) amend its charter or bylaws in a manner which would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it or businesses reasonably related thereto.