Change in Corporate Structure. In the event of a reorganization, recapitalization, stock split, stock dividend, combination of shares, merger, consolidation, rights offering, or any other change in the corporate structure or Stock of the Company, the Board shall make such adjustments, if any, as it deems appropriate in the number and kind of shares covered by the Option, or in the Option price, or both. Notwithstanding any provision to the contrary, the Committee or the Board may cancel, amend, alter or supplement any term or provision of the Option to avoid any penalty provisions of the Code.
Change in Corporate Structure. In the event of any stock split, spin-off, stock dividend, extraordinary cash dividend, stock combination or reclassification, recapitalization or merger, Change of Control or similar event, the Compensation Committee shall make such revisions to this Agreement as it deems are equitably required. Any adjustment or revision made by the Compensation Committee shall be final and binding on the Grantee, the Company and all other interested persons; provided, however, that the Compensation Committee may not make any such adjustments or revisions that are adverse to the Grantee without the Grantee's written consent.
Change in Corporate Structure. In the event of any stock split, spin-off, stock dividend, extraordinary cash dividend, stock combination or reclassification, recapitalization or merger, Change of Control or similar event, the Compensation Committee shall make an appropriate adjustment to the level of dividends required under Section 2(a) of this Agreement, and such other revisions to this Agreement as it deems are equitably required. Any adjustment or revision made by the Compensation Committee shall be final and binding on the Grantee, the Company and all other interested persons; provided; however, that the Compensation Committee may not make any such adjustments or revisions that are adverse to the Grantee without the Grantee's written consent.
Change in Corporate Structure. Fiscal Year. The Parent shall not, nor shall it permit any Subsidiary to, (a) permit any amendment or modification to be made to its certificate or articles of incorporation or by-laws which is materially adverse to the interests of the Banks (provided that the Parent shall notify the Agent of any other amendment or modification thereto as soon as practicable thereafter) or (b) change its fiscal year to end on any date other than December 31 of each year.
Change in Corporate Structure. The Borrower shall not, nor shall it permit any Material Subsidiary to, directly or indirectly, substantively alter the general character of its business from that conducted by such Person as of the Closing Date.
Change in Corporate Structure. Except as previously disclosed in writing, the board of directors of each of VRI, Vastar Holdings, VGM, VPM or Vastar LP Sub (as reflected in their respective minutes) is not currently contemplating and does not have any plans to consolidate, merge with or, reorganize or recapitalize with any other Person or to convey, transfer, sell, or lease a substantial portion of its assets to any other Person in a single transaction or series of transactions.
Change in Corporate Structure. Except as previously disclosed in writing, the board of directors of each of SEI Holdings, SENA, SETM, Southern Member Sub or Southern LP Sub (as reflected in their respective minutes) is not currently contemplating and does not have any plans to consolidate, merge with or, reorganize or recapitalize with any other Person or to convey, transfer, sell, or lease a substantial portion of its assets to any other Person in a single transaction or series of transactions.
Change in Corporate Structure. Fiscal Year. Section 6.23 of the Credit Agreement is hereby amended by (i) deleting the word "and" as it appears before clause (y) thereof and (ii) adding at the end of clause (y) immediately before the period the following: "and (z) Austral Refrigeration Pty., Limited and its Subsidiaries may maintain the fiscal year they employ as of September 30,1998".
Change in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Change in Corporate Structure. Fiscal Year. ------------------------------------------ Neither Borrower shall, nor shall it permit any of its subsidiaries to, (a) permit any amendment or modification to be made to its certificate or articles of incorporation, by-laws or code of regulations which is materially adverse to the interests of the Lenders or (b) change its Fiscal Year to end on any date other than December 31 of each year.
