ISSUANCE OF EQUITY; AMENDMENT OF ORGANIZATION DOCUMENTS Sample Clauses

ISSUANCE OF EQUITY; AMENDMENT OF ORGANIZATION DOCUMENTS. The Borrower shall not issue or distribute any of the Borrower's capital stock or membership interests for consideration or otherwise, except that the Borrower may enter into any transaction to raise equity capital as long as such transaction does not result in a change in control of the Borrower, as such word is used in the definition of Affiliate. The Borrower shall not amend its articles or certificate of incorporation or organization or bylaws, except upon prior written notice to the Agent, provided however, that any such amendment shall not result in a change of control of the Borrower, as such word is used in the definition of Affiliate.
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ISSUANCE OF EQUITY; AMENDMENT OF ORGANIZATION DOCUMENTS. Section 10.11 of the Credit Agreement is amended to read in full as follows:
ISSUANCE OF EQUITY; AMENDMENT OF ORGANIZATION DOCUMENTS. Premium shall not issue or distribute any of Premium's capital stock or membership interests for consideration or otherwise, except that Premium may enter into any transaction to raise equity capital as long as such transaction does not result in a violation of Section 10.2(b). No other Borrower shall issue or distribute any of its capital stock or membership interests for consideration or otherwise. No Borrower shall amend its articles or certificate of incorporation or organization or bylaws, except upon prior written notice to the Agent, provided however, that any such amendment shall not result in a violation of Sections 9.17 or 10.2(b). The foregoing prohibitions shall not apply to any of the foregoing actions which is necessary to accomplish any transaction that is otherwise permitted under Section 10.2(a).

Related to ISSUANCE OF EQUITY; AMENDMENT OF ORGANIZATION DOCUMENTS

  • Amendment of Organizational Documents The Borrower will not, or will permit any Restricted Subsidiary to, amend, modify or waive any of its rights under its articles or certificate of incorporation, by-laws or other organizational documents, in either case, to the extent such amendment, modification or waiver would be adverse in any material respect to the rights or interests of the Lenders hereunder or under any other Loan Document.

  • Amendments of Organization Documents Amend any of its Organization Documents in a manner materially adverse to the Lenders.

  • Modification of Organizational Documents Not permit the charter, by-laws or other organizational documents of any Loan Party to be amended or modified in any way which could reasonably be expected to materially adversely affect the interests of the Lenders.

  • Amendments of Organizational Documents Amend any of its Organizational Documents in any manner that may be adverse to the Administrative Agent or the Lenders or otherwise result in a Material Adverse Effect.

  • Modifications of Organizational Documents The Parent and the Borrower shall not, and shall not permit any Loan Party or other Subsidiary to, amend, supplement, restate or otherwise modify its articles or certificate of incorporation, by-laws, operating agreement, declaration of trust, partnership agreement or other applicable organizational document if such amendment, supplement, restatement or other modification could reasonably be expected to have a Material Adverse Effect.

  • Amendment to Organizational Documents The Borrowers will not, and will not permit any of their respective Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or any Borrower under its certificate of incorporation, bylaws or other organizational documents.

  • Amendment of Bylaws In furtherance and not in limitation of the powers conferred by the laws of the State of Delaware, the Board of Directors is expressly authorized to adopt, amend or repeal the Bylaws of the Corporation.

  • Complete Agreement; Waiver; Amendment This Agreement is not a ------------------------------------- promise of future employment. Employee has no oral representations, understandings, or agreements with the Company or any of its officers, directors, or representatives covering the same subject matter as this Agreement. This Agreement is the final, complete, and exclusive statement and expression of the agreement between the Company and Employee with respect to the subject matter hereof, and cannot be varied, contradicted, or supplemented by evidence of any prior or contemporaneous oral or written agreements. This written Agreement may not be later modified except by a further writing signed by a duly authorized officer of the Company and Employee, and no term of this Agreement may be waived except by a writing signed by the party waiving the benefit of such term.

  • Amendment of Agreement and Certificate of Limited Partnership For the admission to the Partnership of any Partner, the General Partner shall take all steps necessary and appropriate under the Act to amend the records of the Partnership and, if necessary, to prepare as soon as practical an amendment of this Agreement (including an amendment of Exhibit A) and, if required by law, shall prepare and file an amendment to the Certificate and may for this purpose exercise the power of attorney granted pursuant to Section 2.4 hereof.

  • Amendment of Partnership Agreement The General Partner may amend any provision of this Agreement without the consent of the Limited Partner and may execute, swear to, acknowledge, deliver, file and record whatever documents may be required in connection therewith.

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