Common use of Certain Accounting Changes; Organizational Documents Clause in Contracts

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP.

Appears in 20 contracts

Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.), Fourth Amendment (AbitibiBowater Inc.)

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Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 20 contracts

Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner materially adverse in any respect to the rights or interests of the Lenders.

Appears in 9 contracts

Samples: Credit Agreement (DRS Technologies Inc), Credit Agreement (DRS Technologies Inc), Credit Agreement (PRA International)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP, as set forth in Section 13.9 or as recommended by the Securities Exchange Commission or the Public Company Accounting Oversight Board or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 9 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its their Fiscal Year end, or make any change in its their accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent, which consent shall not be unreasonably withheld or delayed) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which would materially and adversely affect the rights or interests of the Lenders.

Appears in 6 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which could materially and adversely affect the rights or interests of the Administrative Agent and/or the Lenders.

Appears in 5 contracts

Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end or any Fiscal Quarter end, or make any change in its accounting treatment and reporting practices except as required by GAAPconsistent with GAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 5 contracts

Samples: Credit Agreement (O Charleys Inc), Credit Agreement (O Charleys Inc), Credit Agreement (O Charleys Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of organization (or corporate charter or other similar organizational documents) or amend, modify or change its operating agreement (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 5 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) except pursuant to a transaction permitted by Section 10.3, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP.; or

Appears in 5 contracts

Samples: Credit Agreement (Global Imaging Systems Inc), Credit Agreement (G&k Services Inc), Credit Agreement (G&k Services Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year fiscal year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any material respect to the rights or interests of the Lenders.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Global Geophysical Services Inc), Lien Credit Agreement (Global Geophysical Services Inc), Lien Credit Agreement (Global Geophysical Services Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year endfiscal year end from December 31, or make any change in its accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner that is adverse in any material respect to the rights or interests of the Lenders.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Choice Hotels International Inc /De)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) or amend, modify or change any of its Material Contracts, in each case in any manner which would materially and adversely affect the rights or interests of the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any material change in its accounting treatment and reporting practices except as required by GAAP.

Appears in 3 contracts

Samples: Third Amendment (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except except, subject to Section 13.10, as required by GAAPby, or in accordance with, GAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any material respect to the rights or interests of the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) in any manner adverse in any respect to the rights or interests of the Lenders or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year endfiscal year end from December 31, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) or any Material Contract in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or the Exchange Act or (b) amend, modify or change its certificate of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner materially adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Cross Country Healthcare Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAP.; or

Appears in 2 contracts

Samples: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or or, subject to Section 13.4, make any change in its accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify, or change its charter (or other similar documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its certificate of limited partnership (or corporate charter or other similar organizational documents) or amend, modify or change its limited partnership agreement (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

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Certain Accounting Changes; Organizational Documents. (ai) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (ii) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Landrys Restaurants Inc), First Lien Credit Agreement (Landrys Restaurants Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents), in each case, in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Veridian Corp), Credit Agreement (Veridian Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change (i) its articles of incorporation (or corporate charter or other similar organizational documents), or (ii) its bylaws (or other similar documents), or (iii) the Irrevocable Standby Stock Purchase Agreement or (iv) the Escrow Agreement, in any such case, in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change, or waive any term or provision of, its articles of incorporation (or corporate charter or other similar organizational documents) or its bylaws (or other similar documents), in any manner adverse in any respect to the rights or interests of the Lenders, provided that the Borrower shall promptly give the Administrative Agent notice of any such amendment, modification, change or waiver.

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year fiscal year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its Articles of Incorporation or amend, modify or change its Bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Bank.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Oxford Finance Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of organization or limited partnership certificate (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws, regulations, operating agreement or partnership agreement (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Radyne Corp)

Certain Accounting Changes; Organizational Documents. (a) Change Permit the Borrower or any Domestic Subsidiary to change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP.; or

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any material change in its accounting treatment and reporting practices except (i) as required by GAAPGAAP or (ii) based on a preferability letter from the Borrower’s auditors or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner materially adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Medimmune Inc /De)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change (i) its articles of incorporation (or corporate charter or other similar organizational documents), or (ii) its bylaws (or other similar documents), in any such case, in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Certain Accounting Changes; Organizational Documents. (a) Change or permit any Subsidiary to change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which would materially and adversely affect the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Apogee Enterprises Inc)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or Applicable Law or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which would materially and adversely affect the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (DynCorp International LLC)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year fiscal year end, or make any change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its Articles of Incorporation or amend, modify or change its Bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Oxford Finance Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make (without the consent of the Administrative Agent) any material change in its accounting treatment and reporting practices except as required by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which would materially and adversely affect the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Atlas Pipeline Partners Lp)

Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents, including, without limitation, the Preferred Stock Certificate of Designation) or amend, modify or change its bylaws (or other similar documents), in each case, in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Certain Accounting Changes; Organizational Documents. (a) Change its their Fiscal Year end, or or, except as permitted pursuant to Section 13.8, make any change in its their accounting treatment and reporting practices except as required or permitted by GAAPGAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

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