Common use of Charter Documents; Fiscal Year; Dissolution; Use of Proceeds; Insurance Policies; Disposition of Collateral; Taxes; Trade Names Clause in Contracts

Charter Documents; Fiscal Year; Dissolution; Use of Proceeds; Insurance Policies; Disposition of Collateral; Taxes; Trade Names. Borrower shall not (a) amend, modify, restate or change its certificate of incorporation, bylaws or similar charter or governance documents in a manner adverse to Agent and Lenders, (b) change its state of organization or change its registered name, without prior written consent of Agent, which consent shall not be unreasonably withheld (c) change its fiscal year, (d) amend, alter, suspend, terminate or make provisional in any material way, any Permit, the suspension, amendment, alteration or termination of which could reasonably be expected to be, have or result in a Material Adverse Effect without the prior written consent of the Requisite Lenders, which consent shall not be unreasonably withheld, (e) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, (f) use any proceeds of any Loan for “purchasing” or “carrying” “margin stock” as defined in Regulations T, U or X of the Board of Governors of the Federal Reserve System for any use not contemplated or permitted by this Agreement, (g) amend, modify, restate or change any insurance policy in a manner materially adverse to Agent or Lenders without the prior written consent of Agent, (h) engage, directly or indirectly, in any business other than the Business, (i) change its federal tax employer identification number or similar tax identification number under the relevant jurisdiction or establish new or additional trade names without providing not less than thirty (30) days advance written notice to Agent, (j) revoke, alter or amend any Tax Information Authorization (on IRS Form 8821 or otherwise) or other similar authorization mandated by the relevant Government Authority given to Agent or (k) cause any Collateral to be converted from a General Intangible to Investment Property, in each case without Agent’s prior written consent.

Charter Documents; Fiscal Year; Dissolution; Use of Proceeds; Insurance Policies; Disposition of Collateral; Taxes; Trade Names. Borrower shall not (a) amend, modify, restate or change its certificate of incorporationformation, bylaws limited liability company agreement or similar charter or governance documents in a manner that would be adverse to Agent and or Lenders, (b) change its state of organization formation or change its registered name, name without thirty (30) calendar days prior written consent of notice to Agent, which consent shall not be unreasonably withheld (c) change its fiscal year, (d) amend, alter, suspend, terminate or make provisional in any material way, any Permit, the suspension, amendment, alteration or termination of which could would reasonably be expected to be, have or result in a Material Adverse Effect without the prior written consent of the Requisite Lenders, which consent shall not be unreasonably withheldAgent, (e) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, (f) use any proceeds of any Loan for “purchasing” or “carrying” “margin stock” as defined in Regulations T, U or X of the Board of Governors of the Federal Reserve System for any use not contemplated or permitted by this Agreement, (g) amend, modify, restate or change any insurance policy in a manner materially adverse to Agent or Lenders without the prior written consent of Agentin any material respect, (h) engage, directly or indirectly, in any business other than the Businessas set forth herein, (i) change its federal tax employer identification number or similar tax identification number under the relevant jurisdiction or establish new or additional trade names without providing not less than thirty (30) days advance written notice to Agent, Agent or (j) revokecertificate, alter or amend cause to have certificated, any Tax Information Authorization (on IRS Form 8821 or otherwise) or other similar authorization mandated equity ownership interest in Borrower that is not evidenced by a certificate as of the relevant Government Authority given Closing Date that is Collateral subject to Agent or (k) cause any Collateral to be converted from a General Intangible to Investment Propertythis Agreement, in each case without Agent’s prior written consent.

Charter Documents; Fiscal Year; Dissolution; Use of Proceeds; Insurance Policies; Disposition of Collateral; Taxes; Trade Names. Borrower shall not, and shall not cause or permit NCI to, (a) amend, modify, restate or change its certificate of incorporationGoverning Agreement without Agent’s prior written consent (which consent shall not be unreasonably withheld, bylaws delayed or similar charter or governance documents in a manner adverse to Agent and Lendersconditioned), (b) change its state of organization or change its registered name, corporate name without at least thirty (30) calendar days’ prior written consent of notice to Agent, which consent shall not be unreasonably withheld (c) change its fiscal year, (d) amend, alter, suspend, terminate or make provisional in any material way, way any Permit, Permit the suspension, amendment, alteration or termination of which could would reasonably be expected to be, have or result in a Material Adverse Effect on Borrower or NCI (as the case may be) without the prior written consent of the Requisite Lenders, Agent (which consent shall not be unreasonably withheld, delayed or conditioned), (e) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, (f) use any proceeds of any Loan for “purchasing” or “carrying” “margin stock” as defined in Regulations T, U or X of the Board of Governors of the Federal Reserve System or for any use not contemplated or permitted by this Agreement, (g) amend, modify, restate or change any insurance policy in a manner materially adverse to Agent or Lenders without the prior written consent of AgentLenders, (h) engage, directly or indirectly, in any business other than the Businessbusiness in which Borrower or NCI (as the case may be) is currently engaged, (i) change its federal tax employer identification number or similar tax identification number under the relevant jurisdiction or establish new or additional trade names without providing not less than thirty (30) days days’ advance written notice to Agent, (j) revoke, alter or amend any Tax Information Authorization (on IRS Form 8821 or otherwise) or other similar authorization mandated by the relevant Government Authority given to Agent or Agent, (k) certificate, or cause to have certificated, any equity ownership interest that is not evidenced by a certificate as of the Closing Date and that is Collateral subject to be converted from a General Intangible to Investment Propertythis Agreement, in each case without Agent’s prior written consentconsent (which consent shall not be unreasonably withheld, delayed or conditioned), or (l) consent to or vote in favor of any amendment, modification or change in the Company LLC Agreement without Agent’s prior written consent (which consent shall not be unreasonably withheld, delayed or conditioned).