Fiscal Year; Changes in Capital Structure or Organizational Documents; Material Contracts; Changes to Business of DIAG Clause Samples

Fiscal Year; Changes in Capital Structure or Organizational Documents; Material Contracts; Changes to Business of DIAG. Each of the Credit Parties will not, nor will it permit any Subsidiary to, change its fiscal year. Except as expressly permitted by this Agreement, each of the Credit Parties will not, nor will it permit any Subsidiary to, make any material changes in its equity capital structure (including in the terms of its outstanding Capital Stock, but excluding the conversion of Subordinated Debt Securities into common Capital Stock of the Company) that would reduce or impair the consolidated equity capital of the Credit Parties and their Subsidiaries immediately thereafter and each of the Credit Parties will not, nor will it permit any Subsidiary to, materially amend, modify or change its articles of incorporation or limited liability company operating agreement, as applicable (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders, which consent shall not be unreasonably withheld. Each of the Credit Parties will not, nor will it permit any Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, cancel or terminate or extend or permit the amendment, modification, cancellation or termination of any of the Material Contracts, except in the event that such amendments, modifications, cancellations or terminations could not reasonably be expected to have a Material Adverse Effect. The Company will not, nor will it permit DIAG to, alter the business of DIAG in a manner such that DIAG is no longer the primary trading entity for the Foreign Subsidiaries.