Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 3 contracts
Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De), Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De), Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior 5.5, except as otherwise permitted pursuant to the Series A/B ClosingSection 10.2, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and prior to the first Closing, except as provided in Section 10.2, the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 3 contracts
Samples: Master Note Purchase Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior 5.5, except as otherwise permitted pursuant to the Series A/B ClosingSection 10.2, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and prior to the Restatement Closing, except as provided in Section 10.2, the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 3 contracts
Samples: Master Note Purchase Agreement (Henry Schein Inc), Master Note Purchase Agreement, Master Note Purchase Agreement (Henry Schein Inc)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing5.5, the Company and the Guarantors shall not have changed its their jurisdiction of incorporation or organization, as applicable, and, prior to the Initial Closing, the Company and the Company Guarantors shall not not, except as set forth on Schedule 4.10, have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 2 contracts
Samples: Note Purchase Agreement (RPT Realty), Note Purchase and Private Shelf Agreement (Ramco Gershenson Properties Trust)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing5.5, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and prior to such Closing, the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Arch Chemicals Inc), Master Note Purchase Agreement (Arch Chemicals Inc)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing5.5, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and prior to the Series A Closing, the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Arch Chemicals Inc), Note Purchase and Private Shelf Agreement (Arch Chemicals Inc)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Except as permitted by Section 5.4 and prior to the Series A/B Closing10.5, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and the Company shall not have been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 1 contract
Samples: Banta Corp
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B C Closing, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (Idexx Laboratories Inc /De)
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing5.5, the Company shall not have changed its jurisdiction of incorporation or organizationand prior to the 2010 Notes Closing, as applicable, and the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 1 contract
Changes in Corporate Structure. Following the date of the most recent financial statements referred to in Section 5.4 and prior 5.5, except as otherwise permitted pursuant to the Series A/B ClosingSection 10.2, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, and prior to the Execution Date, except as provided in Section 10.2, the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity.
Appears in 1 contract
