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

Change of Name or Location; Change of Fiscal Year. No Loan Party shall (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 for state law or income tax purposes, (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 (1) the Agent shall have received at least thirty days prior written notice of such change and (2) the Agent shall have acknowledged in writing that, either (i) such change will not adversely affect the validity, perfection or priority of the Agent’s security interest in the Collateral, or (ii) any reasonable action requested by the Agent in connection therewith has been completed or taken (including any action to continue the perfection of any Liens in favor of the Agent, on behalf of Lenders, in any Collateral), provided that, any new location shall be in the continental U.S. No Loan Party shall change its Fiscal Year. Notwithstanding the foregoing, the Parent may make an election to be treated as a corporation or association for income tax purposes only without meeting the requirements of (1) and (2) of this Section 6.22 provided that the Agent shall receive written notice of the election within 10 days of the date such election was made and that the election will not materially increase the combined income tax liability of the Loan Parties.

Change of Name or Location; Change of Fiscal Year. No Loan Party Such Grantor shall not (a) change its name as it appears in official filings its organizational documents and as filed in the state such Grantor’s jurisdiction of its incorporation or organization, (b) change its chief executive office, principal place of business, mailing address, 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 as set forth Collateral, in each case from the Security Agreementlocations identified on Exhibit A, (c) change the type of entity that it is for state law or income tax purposesis, (d) change its organization identification number, if any, issued by its state of incorporation or other organization organization, or (e) change its state of incorporation or organization, in each case, unless (1) the Administrative Agent shall have received at least thirty fifteen days (or such lesser period of time as the Administrative Agent may agree) prior written notice of such change and (2) the Administrative Agent shall have acknowledged in writing that, that either (i1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (ii2) 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. No Loan Party Such Grantor shall not change its Fiscal Year. Notwithstanding fiscal year except as permitted under the foregoing, the Parent may make an election to be treated as a corporation or association for income tax purposes only without meeting the requirements of (1) and (2) of this Section 6.22 provided that the Agent shall receive written notice of the election within 10 days of the date such election was made and that the election will not materially increase the combined income tax liability of the Loan PartiesCredit Agreement.

Change of Name or Location; Change of Fiscal Year. No Loan Issuer will, nor will it permit any other Notes Party shall to (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 AgreementCollateral Documents, (c) change the type of entity that it is for state law or income tax purposesis, (d) change its organization identification number, if any, issued by its state of incorporation or other organization organization, or (e) change its state of incorporation or organization, in each case, unless (1) the Administrative Agent shall have received at least thirty (30) days prior written notice of such change and (2) the Administrative Agent shall have acknowledged in writing that, (such acknowledgement made at the direction of the Required Purchasers) that either (i1) such change will not adversely affect the validity, perfection or priority of the Administrative Agent’s security interest in the Collateral, or (ii2) any reasonable action requested by the Agent Required Purchasers 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 LendersPurchasers, in any Collateral), provided that, any new location shall be in the continental U.S. No Loan Notes Party shall will change its Fiscal Year. Notwithstanding Year or Fiscal Quarter end without the foregoing, the Parent may make an election to be treated as a corporation or association for income tax purposes only without meeting the requirements of (1) and (2) of this Section 6.22 provided that the Agent shall receive written notice prior consent of the election within 10 days of the date such election was made and that the election will not materially increase the combined income tax liability of the Loan PartiesRequired Purchasers.