Common use of Fiscal Year; Organizational Documents; Material Contracts Clause in Contracts

Fiscal Year; Organizational Documents; Material Contracts. The Borrower will not, nor will it permit any of its Subsidiaries to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year of the Borrower. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests of the Lenders hereunder. The Borrower will not, nor will it permit any of its Subsidiaries to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless such amendment, modification, waiver, cancellation, termination or failure to renew or extend could not reasonably be expected to have a Material Adverse Effect.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower will not, nor and will it not permit any of its Subsidiaries to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year of the Borroweryear. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or change its their articles of incorporation (or corporate charter or other similar organizational document) ), operating agreement or bylaws (or other similar document) in any material respect without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests of the Lenders hereunderLender. The Borrower will not, nor and will it not permit any of its Subsidiaries to, without the prior written consent of the Administrative AgentLender, (a) (i) change its state of incorporation or organization, without providing thirty (30) days prior written notice to Lender and without filing (or confirming that Lender has filed) such financing statements and amendments to any previously filed financing statements as Lender may reasonably require, or (ii) change its registered legal name, without providing thirty (30) days prior written notice to Lender and without filing (or confirming that Lender has filed) such financing statements and amendments to any previously filed financing statements as Lender may require, (b) amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless (other than in the ordinary course of business), except in the event that such amendmentamendments, modificationmodifications, waivercancellations or terminations could not, cancellationeither individually or in the aggregate, termination or failure to renew or extend could not reasonably be expected to have a Material Adverse Effect.,

Fiscal Year; Organizational Documents; Material Contracts. The Borrower Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, change its fiscal year or its accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year policies. Each of the Borrower. The Borrower Credit Parties will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests Lenders. Each of the Lenders hereunder. The Borrower Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Borrower will not, without the prior written consent of the Required Lenders, amend, modify, waive or extend or permit the amendment, modification, waiver or extension of any Subordinated Indebtedness or of any documentation governing or evidencing such Subordinated Indebtedness in a manner that is adverse to the interests of the Lenders or the issuer of such Subordinated Indebtedness.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower will not, nor will it permit any of its Subsidiaries to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year of the Borroweryear. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) in any way which could reasonably be expected to have a Material Adverse Effect without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests of the Lenders hereunderLenders. The Borrower will not, nor will it permit any of its Subsidiaries to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or under, cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiverwaivers, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Borrower further agrees that it will not amend, modify, waive any default of or breach under, or prior to December 31, 2001, cancel or terminate the Keep-Well Agreement without the prior written consent of the Agent.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower will not, nor will it permit any of its Subsidiaries to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect except in the event that any such change could not reasonably be expected to have a Subsidiary, to change so as to be in conformity with the fiscal year of the BorrowerMaterial Adverse Effect. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) or its jurisdiction of incorporation in any manner that could reasonably be expected to have a Material Adverse Effect without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests of the Lenders hereunderLenders. The Borrower will not, nor will it permit any of its Subsidiaries to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect.. 100

Fiscal Year; Organizational Documents; Material Contracts. The Borrower Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, change its fiscal year or its accounting policies unless permitted (except as may hereafter be required by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year GAAP). Each of the Borrower. The Borrower Credit Parties will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders unless Administrative Agent, except to the extent such amendment, modification or change could not reasonably be expected to materially adversely have an adverse effect on the interests rights of the Lenders hereunderLenders. The Borrower Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Borrower will not, without the prior written consent of the Required Lenders, amend, modify, waive or extend or permit the amendment, modification, waiver or extension of any Subordinated Indebtedness or of any documentation governing or evidencing such Subordinated Indebtedness in a manner that is adverse to the interests of the Lenders or the issuer of such Subordinated Indebtedness. Each of the Credit Parties will not, without giving 30 days’ prior written notice to the Administrative Agent, change its state of incorporation, organization or formation or have more than one state of incorporation, organization or formation.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, change its fiscal year or its accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year policies. Each of the Borrower. The Borrower Credit Parties will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests Administrative Agent. Each of the Lenders hereunder. The Borrower Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Borrower will not, without the prior written consent of the Required Lenders, amend, modify, waive or extend or permit the amendment, modification, waiver or extension of any Subordinated Indebtedness or of any documentation governing or evidencing such Subordinated Indebtedness in a manner that is adverse to the interests of the Lenders or the issuer of such Subordinated Indebtedness.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower SUBORDINATED INDEBTEDNESS. Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year year. Each of the Borrower. The Borrower Credit Parties will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) in any manner materially adverse to the interests of the Lenders without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests Lenders. Each of the Lenders hereunder. The Borrower Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless or Acquisition Documents, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Credit Parties will not, without the prior written consent of the Required Lenders, amend, modify, waive or extend or permit the amendment, modification, waiver or extension of any term of (i) the Senior Subordinated Indenture or the Senior Subordinated Notes in a manner that is adverse to the interests of the Lenders or (ii) any other Subordinated Indebtedness in a manner that is materially adverse to the interests of the Lenders.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower will not, nor will it permit any of its Restricted Subsidiaries to, change its fiscal year or accounting policies unless permitted by GAAP or, with respect except in the event that any such change could not reasonably be expected to have a Subsidiary, to change so as to be in conformity with the fiscal year of the BorrowerMaterial Adverse Effect. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) or its jurisdiction of incorporation in any manner that could reasonably be expected to have a Material Adverse Effect without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests of the Lenders hereunderLenders. The Borrower will not, nor will it permit any of its Restricted Subsidiaries to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect.

Fiscal Year; Organizational Documents; Material Contracts. The Borrower Each of the Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, change its fiscal year or its accounting policies unless permitted by GAAP or, with respect to a Subsidiary, to change so as to be in conformity with the fiscal year policies. Each of the Borrower. The Borrower Credit Parties will not, nor will it permit any Subsidiary to, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) without the prior written consent of the Required Lenders unless such amendment, modification or change could not reasonably be expected to materially adversely effect the interests Administrative Agent. Each of the Lenders hereunder. The Borrower Credit Parties will not, nor will it permit any of its Subsidiaries Subsidiary to, without the prior written consent of the Administrative Agent, amend, modify, waive any default of or breach under, cancel or terminate or fail to renew or extend or permit the amendment, modification, waiver of any default of or breach under or cancellation or termination of any of the Material Contracts unless Contracts, except in the event that such amendmentamendments, modificationmodifications, waiver, cancellation, termination cancellations or failure to renew or extend terminations could not reasonably be expected to have a Material Adverse Effect. The Borrower will not, without the prior written consent of the Required Lenders, amend, modify, waive or extend or permit the amendment, modification, waiver or extension of any Subordinated Indebtedness or of any documentation governing or evidencing such Subordinated Indebtedness in a manner that is adverse to the interests of the Lenders or the issuer of such Subordinated Indebtedness. Each of the Credit Parties will not, without giving 30 days' prior written notice to the Administrative Agent, change its state of incorporation, organization or formation or have more than one state of incorporation, organization or formation.