Common use of Change of Corporate Name or Location; Change of Fiscal Year Clause in Contracts

Change of Corporate Name or Location; Change of Fiscal Year. Borrowers will not, and will not permit any Loan Party to, (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) days prior written notice to the Agents and after Collateral Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf of Lenders, in any Collateral, has been completed or taken, and provided, that any such new location shall be in the continental United States. No Loan Party shall change its Fiscal Year.

Change of Corporate Name or Location; Change of Fiscal Year. Borrowers will not, and will not permit any Loan Party to, (a) change Change its name as it appears in official filings in the state of its incorporation or other organization, organization (b) change its chief executive office, principal place of business, corporate offices or warehouses or the locations at which Collateral is held or stored, or the location of its records concerning the CollateralCollateral as indicated on the Schedules to the Security Agreement, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) 10 days prior written notice to the Agents Administrative Agent and after Collateral the Administrative Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral the Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Administrative Agent, on behalf of Lendersthe Secured Parties, in any Collateral, has been completed or taken, and provided, provided that any such new location shall be in the continental United States. No Loan Party shall change its Fiscal Year.

Change of Corporate Name or Location; Change of Fiscal Year. Parent and the Borrowers will not, and will not permit any Loan Party to, (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) days prior written notice to the Agents and after Collateral Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf of Lenders, in any Collateral, has been completed or taken, and provided, that any such new location shall be in the continental United States. No Loan Party shall change its Fiscal Year.

Change of Corporate Name or Location; Change of Fiscal Year. Parent and the Borrowers will not, and will not permit any Loan Party to, (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) days prior written notice to the Agents and after Collateral Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf of Lenders, in any Collateral, has been completed or taken, and provided, that any such new location shall be in the continental United States. No Loan Party shall change its fiscal year, provided that not later than October 15, 2013, Xxxxxx Holdings and its Subsidiaries shall change their respective fiscal years to the Fiscal Year.

Change of Corporate Name or Location; Change of Fiscal Year. Borrowers will not, and will not permit any No Loan Party to, shall (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate business offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, unless in each case without (i) at least thirty (30) 30 days prior written notice (or such later notice as is acceptable to the Agents Agent in its sole discretion) is given by such Loan Party to Agent and after Collateral Agent’s Agent has provided written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf for the benefit of Lendersthe Secured Parties, in any Collateral, has been completed or taken, (ii) the priority of all Liens in favor of Agent is not adversely affected, and provided, that (iii) any such new location shall be in the continental United States. No Loan Party shall change its Fiscal YearYear without Agent’s prior written consent.

Change of Corporate Name or Location; Change of Fiscal Year. Borrowers will notExcept as otherwise expressly provided in Section 8.03(a), and will not permit any Loan Party to, no Borrower shall (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) days prior written notice to the Agents Agent and after Collateral Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf of Lenders, in any Collateral, has been completed or taken, and provided, that any such new location shall be in the continental United States. No Loan Party Borrower shall change its Fiscal Year.

Change of Corporate Name or Location; Change of Fiscal Year. Borrowers will not, and will not permit any Loan No Credit Party to, shall (a) change its name as it appears in official filings in the state of its incorporation or other organization, (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or storedstored (other than Collateral with an aggregate value not to exceed $10,000 maintained at a location for no more than 90 days), or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization, in each case without at least thirty (30) days prior written notice to the Agents Agent and after Collateral Agent’s written acknowledgment (which shall not be unreasonably withheld or delayed) that any reasonable action requested by Collateral Agent in connection therewith, including to continue the perfection of any Liens in favor of Collateral Agent, on behalf Agent for the benefit of Lenders, the Secured Parties in any Collateral, has been completed or taken, and provided, provided that any such new location shall be in the continental United States. No Loan Credit Party shall change its Fiscal Year.