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. Borrower shall not (a) change its corporate name, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Agent and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of 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. Without limiting the foregoing, Borrower shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Gibson Greetings Inc)

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Change of Corporate Name or Location; Change of Fiscal Year. Borrower Such Credit Party shall not (a) change its corporate namename as it appears in official filings in the state of its incorporation or other organization, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) cause to be changed its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization or incorporate or organize in any additional jurisdictions, in each case without at least thirty (30) days prior written notice to Agent and after Agent's ’s written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken, and provided provided, that any such new location shall be in the continental United States, except for new locations established by Schaublin or French Operating Companies which may be in Switzerland or France, as applicable. Without limiting the foregoing, Borrower no Credit Party shall not change cause to be changed its name, identity or corporate structure in any manner which that might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of as such term is defined in and/or used in the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's ’s written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Roller Bearing Co of America Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party (other than Holdings) shall not (a) change its corporate namename (except for any change required pursuant to the Merger Agreement and upon sixty (60) days' prior written notice to Agent), or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days days' prior written notice to Agent and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of 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. Without limiting the foregoing, Borrower no Credit Party (other than Holdings) shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party (other than Holdings) shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (United Shipping & Technology Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate name, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Administrative Agent and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of itself, Revolver Agent and Lenders, in any Collateral, has been completed or taken, and provided PROVIDED that any such new location shall be in the continental United States. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Administrative Agent and Lenders and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of itself, Revolver Agent and Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate name, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Agent and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of 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; provided, that the Irish Indirect Subsidiary may change its name to Zomax Limited so long as Borrower provides Agent with written notice thereof within five (5) days after such name change becomes effective. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Zomax Optical Media Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate name, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate (other than movable goods) is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Administrative Agent and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of itself, Documentation Agent and Lenders, in any Collateral, has been completed or taken, and provided that any such new location shall be in the continental United States. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Administrative Agent and Lenders and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of itself, Documentation Agent and Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Playcore Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate namename as it appears in official filings in the state of its incorporation or other organization, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, (c) change the type of entity that it is, (d) cause to be changed its organization identification number, if any, issued by its state of incorporation or other organization, or (e) change its state of incorporation or organization or incorporate or organize in any additional jurisdictions, in each case without at least thirty (30) days prior written notice to SCIL Agent and after SCIL Agent's ’s written acknowledgment that any reasonable action requested by SCIL Agent in connection therewith, including to continue the perfection of any Liens in favor of SCIL Agent, on behalf of SCIL Lenders, in any Collateral, has been completed or taken, and provided that any such new location shall be in the continental United States. Without limiting the foregoing, Borrower no Credit Party shall not change cause to be changed its name, identity or corporate structure in any manner which that might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of as such term is defined in and/or used in the Code or any other then applicable provision of the Code except upon prior written notice to SCIL Agent and SCIL Lenders and after SCIL Agent's ’s written acknowledgment that any reasonable action requested by SCIL Agent in connection therewith, including to continue the perfection of any Liens in favor of SCIL Agent, on behalf of SCIL Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (RBC Bearings INC)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate namename as it appears on official filings in the state of its incorporation or other organization, or (b) change its chief executive office, office or principal place of business, corporate offices (c) change the type of entity that it is, (d) change its organization identification number, if any, issued by its state of incorporation or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or storedother organization, or the location (e) change its state of its records concerning the Collateralincorporation or other organization, in any each case without at least thirty (30) 30 days prior written notice to Agent and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of 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. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which that might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) 503 of the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal YearYear or its Fiscal Quarters.

Appears in 1 contract

Samples: Credit Agreement (American Lawyer Media Holdings Inc)

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Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate name, name or trade name or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the CollateralCollateral (other than to a location in which Agent has perfected its Lien, for the benefit of Agent and Lenders, on the Collateral located therein, and if the books and records of any Credit Party are located at such location, such Credit Party shall have delivered a landlord's or mortgagee's agreement in form and substance reasonably satisfactory to Agent with respect thereto), in any each case without at least thirty (30) days 30 days' prior written notice to Agent (except with respect to the proposed name change disclosed by Borrower to Lender prior to the Closing Date) and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of 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. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which that might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Agent and Lenders and after Agent's written acknowledgment that any reasonable action requested by Agent in connection therewith, including to continue the perfection of any Liens in favor of Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Uti Worldwide Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Borrower No Credit Party shall not (a) change its corporate name, or (b) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Administrative Agent and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of itself, the other Agent and Lenders, in any Collateral, has been completed or taken, and provided that any such new location shall be in the continental United States. Without limiting the foregoing, Borrower no Credit Party shall not change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Administrative Agent and Lenders and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of Lendersitself, the other Agent and Lenders in any Collateral, has been completed or taken. Borrower No Credit Party shall not change its Fiscal YearYear without the consent of Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Change of Corporate Name or Location; Change of Fiscal Year. Neither Borrower nor the Guarantors shall not (a) change its corporate name, (b) change its corporate domicile, (c) change its fiscal year, or (bd) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Administrative Agent and after Administrative Agent's ’s written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative 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. Without limiting the foregoing, neither Borrower nor the Guarantors shall not change its name, identity identity, corporate domicile, or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith either ineffective or seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Administrative Agent and Lenders and after Administrative Agent's ’s written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

Change of Corporate Name or Location; Change of Fiscal Year. Neither Borrower nor the Guarantor shall not (a) change its corporate name, (b) change its corporate domicile, (c) change its fiscal year, or (bd) change its chief executive office, principal place of business, corporate offices or warehouses or locations at which Collateral is held or stored, except for processor or converter facilities at which work in progress and/or raw materials up to a maximum amount of $20,000,000 in the aggregate is held or stored, or the location of its records concerning the Collateral, in any case without at least thirty (30) days prior written notice to Administrative Agent and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative 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. Without limiting the foregoing, neither Borrower nor the Guarantor shall not change its name, identity identity, corporate domicile, or corporate structure in any manner which might make any financing or continuation statement filed in connection herewith either ineffective or seriously misleading within the meaning of Section 9-402(7) of the Code or any other then applicable provision of the Code except upon prior written notice to Administrative Agent and Lenders and after Administrative Agent's written acknowledgment that any reasonable action requested by Administrative Agent in connection therewith, including to continue the perfection of any Liens in favor of Administrative Agent, on behalf of Lenders, in any Collateral, has been completed or taken. Borrower shall not change its Fiscal Year.

Appears in 1 contract

Samples: Credit Agreement (Presstek Inc /De/)

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