Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 26 contracts
Samples: Loan Agreement (Omeros Corp), Term Loan Agreement (ViewRay, Inc.), Credit Agreement and Guaranty (Aquestive Therapeutics, Inc.)
Change in Fiscal Year. Such Obligor The Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower’s.
Appears in 8 contracts
Samples: Loan Agreement (Valeritas Holdings Inc.), Loan and Security Agreement (Tandem Diabetes Care Inc), Loan Agreement (Tandem Diabetes Care Inc)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 7 contracts
Samples: Credit Agreement and Guaranty (Harrow Health, Inc.), Credit Agreement and Guaranty (Seres Therapeutics, Inc.), Credit Agreement and Guaranty and Revenue Interest Financing Agreement (Impel Pharmaceuticals Inc)
Change in Fiscal Year. Such Obligor Parent and Borrower will not, and will not permit any of its their Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower’s.
Appears in 6 contracts
Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 6 contracts
Samples: Forbearance Agreement (Icagen, Inc.), Security Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)
Change in Fiscal Year. Such Obligor Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower’s.
Appears in 5 contracts
Samples: Term Loan Agreement (Raindance Technologies Inc), Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Raindance Technologies Inc)
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 5 contracts
Samples: Credit Agreement and Guaranty (ArcherDX, Inc.), Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement and Guaranty (Zymergen Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Sonendo, Inc.), Credit Agreement and Guaranty (Athenex, Inc.), Credit Agreement and Guaranty (Athenex, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 4 contracts
Samples: Forbearance Agreement (Icagen, Inc.), Asset Purchase Agreement and Collaboration Agreement (Icagen, Inc.), Credit Agreement (Icagen, Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 4 contracts
Samples: Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Security Agreement (Chembio Diagnostics, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)
Change in Fiscal Year. Such Each Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 3 contracts
Samples: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC), Trinity Biotech PLC
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofAugust 28, 2015, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerIssuer.
Appears in 3 contracts
Samples: Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Non Convertible Credit Facility Agreement (Kadmon Holdings, LLC)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 3 contracts
Samples: Term Loan Agreement (Sanara MedTech Inc.), Term Loan Agreement (NeuroPace Inc), Term Loan Agreement (NeuroPace Inc)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors or as otherwise required by Law.
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.), Credit Agreement and Guaranty (Compute Health Acquisition Corp.)
Change in Fiscal Year. Such Obligor Each Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Borrowers’.
Appears in 3 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement and Guaranty (Oyster Point Pharma, Inc.)
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of Borrower. Section 9.09.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of Borrower.
Appears in 2 contracts
Samples: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.)
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, without prior written notice to the Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an a Permitted Acquisition to conform its fiscal year to that of BorrowerHoldings.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.. Section 9.09
Appears in 1 contract
Samples: Term Loan Agreement (Axogen, Inc.)
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a an acquired Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerIssuer.
Appears in 1 contract
Samples: Kadmon Holdings, LLC
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the maintain a last day of its fiscal year different from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Samples: Loan Agreement (Nevro Corp)
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an the ArcherDX Acquisition or any Permitted Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will The Obligors shall not, and will shall not permit any of its their Subsidiaries to, change the last day of its their fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrowerthe Obligors or as otherwise required by Law or GAAP.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor Borrower will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerParent Guarantor.
Appears in 1 contract
Samples: Term Loan Agreement
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.)
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor It will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will The Borrower shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries (other than the Klisyri SPV) to, change the last day of its fiscal year from that in effect on the date hereof, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
Change in Fiscal Year. Such Obligor will shall not, and will shall not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofClosing Date, except (a) to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of BorrowerBorrower or (b) with the prior written consent of the Administrative Agent (which consent shall not be unreasonably withheld, conditioned or delayed).
Appears in 1 contract
Change in Fiscal Year. Such Obligor will not, and will not permit any of its Subsidiaries to, change the last day of its fiscal year from that in effect on the date hereofhereof without the prior 4882-5123-7900 v.12 written consent of Administrative Agent, except to change the fiscal year of a Subsidiary acquired in connection with an Acquisition to conform its fiscal year to that of the Borrower.
Appears in 1 contract
