Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 9 contracts
Samples: Credit and Security Agreement (Continental Information Systems Corp), Credit and Security Agreement (Skymall Inc), Credit and Security Agreement (Sportsmans Guide Inc)
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 8 contracts
Samples: Credit and Security Agreement (San Holdings Inc), Intercreditor Agreement (Naco Industries Inc), Credit and Security Agreement (Seair Group Inc)
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 4 contracts
Samples: Credit and Security Agreement (Stocker & Yale Inc), Credit and Security Agreement (Lectec Corp /Mn/), Credit and Security Agreement (Naturade Inc)
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S CorporationCode.
Appears in 2 contracts
Samples: Credit and Security Agreement (Allis Chalmers Corp), Credit and Security Agreement (Allis Chalmers Corp)
Organizational Documents; S Corporation Status. The Borrower Borrowers will not amend its certificate their certificates of incorporation, articles of incorporation or bylawsbylaws or change their form of organization in any manner. The No Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the a Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 2 contracts
Samples: Credit and Security Agreement (Synergetics Usa Inc), Credit and Security Agreement (Synergetics Usa Inc)
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The :Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 1 contract
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or other analogous organizational document, or its bylaws, operating agreement, or other analogous operational document. The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 1 contract
Samples: Credit and Security Agreement (Act Teleconferencing Inc)
Organizational Documents; S Corporation Status. The Borrower will not, and will not permit any Subsidiary to, amend its certificate of incorporation, articles of incorporation or bylaws. The Borrower will not, and will not permit any Subsidiary to, become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 1 contract
Organizational Documents; S Corporation Status. The No Borrower will not amend its certificate of incorporation, articles of incorporation or bylaws. The No Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 1 contract
Samples: Credit and Security Agreement (First Team Sports Inc)
Organizational Documents; S Corporation Status. The Borrower will not amend its certificate of incorporation, articles of incorporation or bylawsbylaws (but consent for such amendment shall not be unreasonably withheld). The Borrower will not become an S Corporation within the meaning of the Internal Revenue Code of 1986, as amended, or, if the Borrower already is such an S Corporation, it shall not change or rescind its status as an S Corporation.
Appears in 1 contract
Samples: Credit and Security Agreement (Chaparral Network Storage Inc)
