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 official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, in any Collateral) as acknowledged by the Collateral Agent in writing, provided that any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year which currently ends on December 31.

Appears in 3 contracts

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

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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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, address or corporate offices or warehouses or locations at which Collateral is held or storedoffices, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, in any Collateral) as acknowledged by the Collateral Agent in writing), provided that 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 which 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received written notice at least thirty 10 days prior written notice of to such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral 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 Collateral Administrative Agent, on behalf of the Secured Parties, in any Collateral) as acknowledged by the Collateral Agent in writinghas been completed or taken, provided 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 which currently ends on end 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or storedstored (other than Excluded Locations), or the location of its records concerning the Collateral as set forth in the 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 Collateral Administrative Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of Secured PartiesLenders, 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 The Grantor shall not change its fiscal year which currently ends on December 31the last Saturday of December.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Escalade Inc), Pledge and Security Agreement (Escalade 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Subordinated Collateral Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies the Subordinated Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Subordinated Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the 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 Subordinated Collateral Agent, on behalf of Secured Partiesthe Holders, 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 The Grantor shall not change its fiscal year which currently ends on December 31the Friday closest to January 31st of each year.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Bluestem Brands, Inc.), Credit Agreement (Bluestem 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s Lender's security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Grantor shall not change its fiscal year which currently ends on December 31June 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, address or corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which 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 No Grantor shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral US Administrative Agent shall have received at least thirty 30 days prior written notice of such change and such Grantor certifies the US Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral US Administrative Agent’s 's security interest in the Collateral, or (2) any reasonable action requested by the Collateral US Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral US Administrative Agent, on behalf of Secured PartiesLenders, 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 No Grantor shall not change its fiscal year year, which currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Systemax 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s Lender's security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Borrower shall not change its fiscal year which currently ends on December 31June 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, address or corporate offices or warehouses or locations at which Collateral is held or storedoffices, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent Secured Parties shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Secured Parties shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s Secured Parties’ security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Secured Parties in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, in any Collateral) as acknowledged by the Collateral Agent in writing), provided that 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 the Secured Parties with at least five (5) Business Days prior written notice. The Grantor shall not change its fiscal year which currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (CareView Communications 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent shall have received at least thirty 30 days (but 10 days for changes described in clause (b)) prior written notice of such change and such Grantor certifies the Collateral Agent shall have acknowledged in writing that either (1i) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s 's security interest in the Collateral, or (2ii) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Partiesthe Holders, 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 which currently ends on December 31United States.

Appears in 1 contract

Samples: Pledge and Security Agreement (Elio Motors, 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent shall have received at least thirty days fifteen (15) days’ prior written notice of such change and such Grantor certifies the Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured PartiesLenders, in any Collateral) as acknowledged by the Collateral Agent in writing), provided that 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 which currently ends on December 31in the ordinary 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 The Grantor shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Grantor shall not change its fiscal year which currently ends on December 31June 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Administrative Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of Secured PartiesLenders, 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 which currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (A. H. Belo 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 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, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which currently ends on December 31the last 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 shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent shall have received at least thirty days prior written notice of such change and such Grantor certifies the Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured 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 which currently ends on December 31.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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent Lender shall have received at least thirty days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 which 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or storedstored (other than a change in the location of Chiropractic Care Facilities within the same region in accordance with Ordinary Course of Business), or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Administrative Agent 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 which currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (JOINT 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty days ten (10) Business Days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent Lender shall have received at least thirty days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Grantor shall not change its fiscal year which currently ends on December 31June 30.

Appears in 1 contract

Samples: Pledge and Security Agreement (Koss 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which 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 The Borrower shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Borrower shall not change its fiscal year which currently ends on December 31June 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 which 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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, or (f) change its fiscal year, in each case, unless the Collateral Administrative Agent shall have received at least thirty (30) days (but fifteen (15) days for changes described in clause (b)) prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1i) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2ii) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 United States; provided, further, that upon making any such change, such Grantor shall not change its fiscal year which currently ends on December 31deliver to the Administrative Agent an updated Exhibit A reflecting such change.

Appears in 1 contract

Samples: Security Agreement (Vista Proppants & Logistics 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral (excluding Other Inventory) is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty days (or such lesser time as the Administrative Agent shall otherwise agree) prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured PartiesCreditors, 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 which 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 The Grantor shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the 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 Collateral Agent Lender shall have received at least thirty days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 The Grantor shall not change its fiscal year which currently ends on December 31February 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or 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 as set forth in the 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 Collateral Agent Lender shall have received at least thirty 10 days prior written notice of such change and such Grantor certifies Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender in any Collateral) as acknowledged by the Collateral Agent in writing, provided that any new location shall be in the continental U.S. ). Such Grantor shall not change its fiscal year which 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 shall not (a) change its name as it appears in official filings in the state of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Agent Lender shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Lender shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral AgentLender’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Agent Lender in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of Secured Parties, Lender 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 which currently ends on December 31.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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which currently ends on December 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral of such Grantor is held or stored, or the location of its records concerning the Collateral as set forth in the Security this 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 Collateral Agent shall have received at least thirty (30) days prior written notice of such change and such Grantor certifies the Collateral Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Agent’s 's security interest in the CollateralCollateral of such Grantor, or (2) any reasonable action requested by the Collateral Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Agent, on behalf of the Secured Parties, in any such Collateral) as acknowledged by the Collateral Agent in writing, ); provided that any new location shall be in the continental U.S. Such Grantor shall not change its fiscal year which currently ends on December 31.U.S.

Appears in 1 contract

Samples: Pledge and Security Agreement (Iron Mining 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 incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral as set forth in the this 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 Collateral Administrative Agent shall have received at least thirty (30) days prior written notice (or such other notice as the Administrative Agent may agree) of such change and such Grantor certifies the Administrative Agent shall have acknowledged in writing that either (1) such change will not adversely affect the validity, perfection or priority of the Collateral Administrative Agent’s security interest in the Collateral, or (2) any reasonable action requested by the Collateral Administrative Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Collateral Administrative Agent, on behalf of the Secured 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 which currently ends on December 31.

Appears in 1 contract

Samples: Pledge and Security Agreement (Clarus Corp)

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