Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 29 contracts
Samples: Term Loan Agreement (Axogen, Inc.), Term Loan Agreement (Decipher Biosciences, Inc.), Term Loan Agreement
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 9 contracts
Samples: Credit Agreement and Guaranty (Harrow, Inc.), Credit Agreement (scPharmaceuticals Inc.), Credit Agreement and Guaranty and Revenue Interest Financing Agreement (Impel Pharmaceuticals Inc)
Change in Fiscal Year. Such Obligor The Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower’s.
Appears in 8 contracts
Samples: Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.)
Change in Fiscal Year. Such Obligor Parent and Borrower will not, and will not permit any of its their Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower’s.
Appears in 6 contracts
Samples: Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.), Term Loan Agreement (Valeritas Holdings Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 6 contracts
Samples: Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty (Icagen, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)
Change in Fiscal Year. Such Obligor Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower’s.
Appears in 5 contracts
Samples: Term Loan Agreement (Raindance Technologies Inc), Term Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Exagen Diagnostics Inc)
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement (Zymergen Inc.), Credit Agreement (Zymergen Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of Borrower.
Appears in 5 contracts
Samples: Credit Agreement (SOPHiA GENETICS SA), Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement (IsoPlexis Corp)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 4 contracts
Samples: Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Credit Agreement and Guaranty (Icagen, Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (C4 Therapeutics, Inc.), Credit Agreement (C4 Therapeutics, Inc.), Credit Agreement (Chembio Diagnostics, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 4 contracts
Samples: Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)
Change in Fiscal Year. Such Each Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 4 contracts
Samples: Credit Agreement and Guaranty (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 3 contracts
Samples: Term Loan Agreement (Sanara MedTech Inc.), Term Loan Agreement (NeuroPace Inc), Term Loan Agreement (NeuroPace Inc)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors or as otherwise required by Law.
Appears in 3 contracts
Samples: Credit Agreement (Allurion Technologies, Inc.), Bridging Agreement (Allurion Technologies Holdings, Inc.), Credit Agreement (Xeris Biopharma Holdings, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofAugust 28, 2015, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerIssuer.
Appears in 3 contracts
Samples: Credit Agreement (Kadmon Holdings, LLC), Waiver and Consent Agreement (Kadmon Holdings, LLC), Security Agreement (Kadmon Holdings, LLC)
Change in Fiscal Year. Such Obligor Each Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Borrowers’.
Appears in 3 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Neuronetics, Inc.), Credit Agreement (Apyx Medical Corp)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Pear Therapeutics, Inc.), Credit Agreement and Guaranty (Pear Therapeutics, Inc.)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors.
Appears in 2 contracts
Samples: Credit Agreement (Oyster Point Pharma, Inc.), Credit Agreement (Oyster Point Pharma, Inc.)
Change in Fiscal Year. Such Obligor Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except (a) to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerBorrower or (b) with the prior written consent of the Administrative Agent (which consent shall not be unreasonably withheld, conditioned or delayed).
Appears in 1 contract
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof (without the prior written consent of the Administrative Agent), except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerHoldings.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerIssuer.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent Guarantor.
Appears in 1 contract
Samples: Term Loan Agreement
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerHoldings.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (GeneDx Holdings Corp.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Samples: Term Loan Agreement (EyePoint Pharmaceuticals, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors or as otherwise required by Law or GAAP.
Appears in 1 contract
Samples: Credit Agreement (Nevro Corp)
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the maintain a last day of its fiscal year different from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Samples: Term Loan Agreement (Nevro Corp)
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Samples: Term Loan Agreement (Treace Medical Concepts, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior 4882-5123-7900 v.12 written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofRestatement Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors or as otherwise required by Law.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an the ArcherDX Acquisition or any Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Invitae Corp)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries (other than the Klisyri SPV) to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
