Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws.
Appears in 7 contracts
Samples: Credit Agreement (Gerber Childrenswear Inc), Credit Agreement (Maxim Group Inc /), Credit Agreement (Varsity Spirit Corporation)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws, except as permitted by Section 8.4.
Appears in 5 contracts
Samples: Credit Agreement (Pulte Corp), Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Abacoa Homes Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws, except as permitted by Section 7.04.
Appears in 4 contracts
Samples: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, materially change its articles or certificate of incorporation or its bylawsbylaws without the prior written consent of the Required Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Consolidated Subsidiaries to, (a) change its fiscal year without having first provided 30 days prior written notice to the Agent, or (b) 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 that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate Lenders and Holders without the prior written consent of incorporation or its bylawsthe Majority Secured Parties.
Appears in 3 contracts
Samples: Participation Agreement (Veritas Software Corp /De/), Participation Agreement (Veritas Software Corp /De/), Participation Agreement (Veritas Software Corp /De/)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylawsbylaws if such change would have or be reasonably expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Sports & Recreation Inc), Credit Agreement (Integrated Living Communities Inc), Credit Agreement (Jumbosports Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation (or other similar organizational document) or its bylawsbylaws (or other similar document) if such change would affect the Lenders in a materially adverse manner.
Appears in 3 contracts
Samples: Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (ai) change its fiscal year or (bii) in any manner that would reasonably be likely to materially adversely affect the rights of the Lenders, change its articles or certificate of incorporation incorporation, operating agreement, articles of organization or its bylaws.
Appears in 2 contracts
Samples: Credit Agreement (Phonetel Technologies Inc), Credit Agreement (Davel Communications Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to materially adversely affect the rights of the Lenders, change its articles or certificate of incorporation incorporation, operating agreement, articles of organization or its bylaws.
Appears in 2 contracts
Samples: Credit Agreement (Davel Communications Inc), Credit Agreement (Ryans Family Steakhouses Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its partnership agreement (other than a change limited solely to add additional limited partners or authorize the issuance of additional units) or its articles or certificate of incorporation or its bylaws.
Appears in 2 contracts
Samples: Credit Agreement (Highwoods Properties Inc), Credit Agreement (Highwoods Properties Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws, except as permitted by Section 6.4.
Appears in 2 contracts
Samples: Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Homes Inc/Mi/)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect materially change its charter documents or its bylaws without the rights prior written consent of the Required Lenders, change its articles or certificate of incorporation or its bylaws.
Appears in 2 contracts
Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Consolidated Subsidiaries to, (a) change its fiscal year without having first provided 30 days prior written notice to the Administrative Agent, or (b) 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 that would reasonably be likely to adversely affect the rights of the Lenders without the prior written consent of the Required Lenders, change its articles or certificate of incorporation or its bylaws.
Appears in 2 contracts
Samples: Credit Agreement (Veritas Software Corp /De/), Credit Agreement (Veritas Software Corp /De/)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year without prior written notice to the Administrative Agent (provided that no such change may occur if such change materially affects the Lenders ability to read and interpret the financial statements delivered pursuant to Section 7.1 or calculate the financial covenants in Section 7.11 or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylawsbylaws if such change would have or be reasonably expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc)
Fiscal Year; Organizational Documents. No Except as set forth on Schedule 8.9, no Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylawsbylaws if such change would have or be reasonably expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year without prior written notice to the Administrative Agent (provided that no such change may occur if such change materially affects the Lenders ability to read and interpret the financial statements delivered pursuant to Section 7.1 or calculate the financial covenants in Section 7.12) or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylawsbylaws if such change would have or be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor ------------------------------------- will it permit any of its Subsidiaries to, (ai) change its fiscal year or (bii) in any manner that would reasonably be likely to materially adversely affect the rights of the Lenders, change its articles or certificate of incorporation incorporation, operating agreement, articles of organization or its bylaws.
Appears in 1 contract
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to materially adversely affect the rights of the Lenders, change its articles or certificate of incorporation incorporation, operating agreement, articles of organization or its bylawsbylaws or (c) without providing ten (10) days prior written notice to the Administrative Agent, change its name or state of formation.
Appears in 1 contract
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation incorporation, operating agreement, articles of organization, bylaws, partnership agreement or its bylawsother charter or organizational documents in any way that is adverse to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Us Can Corp)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would (i) cause or reasonably be expected to cause a Default or an Event of Default or (ii) reasonably be likely to materially adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylawsorganizational documents.
Appears in 1 contract
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) in year. Neither the Borrower nor any manner that would reasonably be likely to adversely affect the rights of the Lenders, Collateral Guarantors will change its articles or certificate of incorporation incorporation, bylaws, articles or its bylawscertificate of partnership, partnership agreement, articles of organization or operating agreement, as applicable.
Appears in 1 contract
Samples: Credit Agreement (United Dominion Realty Trust Inc)
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws.
Appears in 1 contract
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit its Subsidiaries to, (a) change its fiscal year or (b) change its articles or certificate of incorporation or its bylaws in any manner that would reasonably be likely to adversely affect the rights of the Lenders, change its articles or certificate of incorporation or its bylaws.
Appears in 1 contract
Fiscal Year; Organizational Documents. No Credit Party will, nor will it permit any of its Subsidiaries to, (a) change its fiscal year or (b) in any manner that would reasonably be likely to adversely affect the rights of the Lenders, materially change its articles or certificate of incorporation or its bylawsbylaws without the prior written consent of the Required Lenders. The Convertible Indenture may not be amended or modified in any material manner without the prior written consent of the Required Lenders.
Appears in 1 contract
Samples: Credit Agreement (Chattem Inc)