Common use of Change of Name or Location; Change of Fiscal Year Clause in Contracts

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in its organizational documents and as filed in such Grantor’s jurisdiction of organization, (b) change its chief executive office, principal place of business, mailing address or corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, in each case from the locations identified on Exhibit A, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreement.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Interline Brands, Inc./De), Security Agreement (Interline Brands, Inc./De), Intercreditor Agreement (Interline Brands, Inc./De)

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Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Collateral Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing such Grantor certifies that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Collateral Agent, on behalf of LendersSecured Parties, in any Collateral)) as acknowledged by the Collateral Agent in writing, provided that, that any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)

Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or corporate offices or change or add warehouses or locations at which Collateral is held or storedoffices, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, in any Collateral), provided that, any new location shall be located in the continental U.S. Such to the extent the prior location was located in the continental U.S. The Grantor shall not store any Collateral at any new warehouse or new leased location unless the Grantor shall have provided Agent with at least five (5) Business Days prior written notice. The Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 2 contracts

Samples: Pledge and Security Agreement (CareView Communications Inc), Pledge and Security Agreement (CareView Communications Inc)

Change of Name or Location; Change of Fiscal Year. Such No Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received written notice at least fifteen 10 days (or such lesser period of time as the Administrative Agent may agree) prior written notice of to such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the priority and perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral)Collateral has been completed or taken, provided that, that any new location shall be in the continental U.S. Such United States. No Grantor shall not change its fiscal year, which as of the Effective Date ends on December 31, without the prior written consent of the Administrative Agent; provided that any Subsidiary acquired after the Effective Date may change its fiscal year except as permitted under the Credit Agreementend to December 31.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Marketaxess Holdings Inc), Pledge and Security Agreement (Marketaxess Holdings Inc)

Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Subordinated Collateral Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Subordinated Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Subordinated Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Subordinated Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Subordinated Collateral Agent, on behalf of Lendersthe Holders, in any Collateral), provided that, any new location shall be in the continental U.S. Such The Grantor shall not change its fiscal year except as permitted under which currently ends on the Credit AgreementFriday closest to January 31st of each year.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Bluestem Brands, Inc.), Pledge and Security Agreement (Bluestem Brands, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen ten (10) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 2 contracts

Samples: Pledge and Security Agreement (PLAYSTUDIOS, Inc.), Pledge and Security Agreement (PLAYSTUDIOS, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tile Shop Holdings, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Collateral Agent shall have received at least fifteen days (or such lesser period of time as the Administrative Agent may agree15) days’ prior written notice of such change and the Administrative Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Collateral Agent, on behalf of Lenders, in any Collateral), provided that, any new location shall be in the continental U.S.; provided that Inventory may be stored in locations outside of the U.S. Such Grantor shall not change its fiscal year except as permitted under in the Credit Agreementordinary course of the Company’s business.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lev Pharmaceuticals Inc)

Change of Name or Location; Change of Fiscal Year. Such Grantor The Borrower shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s Lender's security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor The Borrower shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mam Software Group, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Escalade Inc)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in its organizational documents and as filed official filings in such Grantor’s the state or jurisdiction of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, or (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state jurisdiction of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under which currently ends on the Credit AgreementSunday closest to December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Fiesta Restaurant Group, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or corporate offices or change or add warehouses or locations at which Collateral is held or storedaddress, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its federal employee identification number or its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days prior written notice (or such lesser period of time other notice as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Clarus Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Collateral Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Collateral Agent, on behalf of LendersSecured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreement.U.S.

Appears in 1 contract

Samples: Pledge and Security Agreement (Griffon Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreement.U.S.

Appears in 1 contract

Samples: Pledge and Security Agreement (Arotech Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Macquarie CNL Global Income Trust, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral (excluding Other Inventory) is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may shall otherwise agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Creditors, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Security Agreement (Furniture Brands International Inc)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Par Technology Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen days ten (or such lesser period of time as the Administrative Agent may agree10) Business Days prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Aleris Corp)

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Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such The Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mam Software Group, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of businessbusiness or, except as set forth in Section 4.1(g),, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its federal employer identification number or change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under which currently ends on the Credit Agreementlast Saturday in December.

Appears in 1 contract

Samples: Pledge and Security Agreement (CarParts.com, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor Borrower shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Collateral Agent shall have received at least fifteen 30 days (or such lesser period of time as the Administrative Agent may agreebut 10 days for changes described in clause (b)) prior written notice of such change and the Administrative Collateral Agent shall have acknowledged in writing that either (1i) such change will not adversely affect the validity, perfection or priority of the Administrative Collateral Agent’s 's security interest in the Collateral, or (2ii) any reasonable action requested by the Administrative Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Collateral Agent, on behalf of Lendersthe Holders, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit AgreementUnited States.

Appears in 1 contract

Samples: Pledge and Security Agreement (Elio Motors, Inc.)

Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such The Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Koss Corp)

Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such The Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on February 28.

Appears in 1 contract

Samples: Pledge and Security Agreement (Material Sciences Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on March 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Graham Corp)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or storedstored (except as permitted by Section 4.1(g)), or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen 10 days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. . Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Servicesource International, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Grantor The Borrower shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor The Borrower shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mam Software Group, Inc.)

Change of Name or Location; Change of Fiscal Year. Such The Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit Athis Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent Lender shall have received at least fifteen thirty (30) days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s Lender's security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, Lender in any Collateral), provided that, any new location shall be in the continental U.S. Such The Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mam Software Group, Inc.)

Change of Name or Location; Change of Fiscal Year. Such Except as permitted by the Credit Agreement, such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address address, corporate headquarters or corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Collateral Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Collateral Agent, on behalf of LendersSecured Parties, in any Collateral), provided that, any new location shall be in the continental U.S. United States. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Geokinetics Inc)

Change of Name or Location; Change of Fiscal Year. Such Grantor shall not (a) change its name as it appears in official filings in the state of its organizational documents and as filed in such Grantor’s jurisdiction of incorporation or organization, (b) change its chief executive office, principal place of business, mailing address or address, corporate offices or change or add warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, Collateral as set forth in each case from the locations identified on Exhibit ASecurity Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case, unless the Administrative Agent shall have received at least fifteen thirty days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Administrative Agent, on behalf of Lenders, in any Collateral), provided that, any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year except as permitted under the Credit Agreementwhich currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (A. H. Belo CORP)

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