Common use of Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds Clause in Contracts

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or bylaws in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (iv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, (v) use any proceeds of any Advance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Except in accordance with the terms of the Merger Documents, Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s 's satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance or Overadvance for “"purchasing” " or “"carrying” “" "margin stock” " as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower No Credit Party shall not (i) amend, modify, restate or change its certificate of incorporation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower the Credit Party demonstrates to Lender’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization, (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T U or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower Neither Obligor shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to LenderDebenture Holder, (ii) change its fiscal year unless Borrower such Obligor demonstrates to LenderDebenture Holder’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender Debenture Holder of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender Debenture Holder may reasonably request, (iii) without at least ten (10) days prior written notice to Debenture Holder, change its name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of LenderDebenture Holder, which consent shall not be unreasonably withheld, or (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, (v) use any proceeds of any Advance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s 's satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) amendwithout at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization; (iv) a mend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance for “"purchasing” " or “"carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization." "

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to LenderLender (although Borrower shall be permitted to amend and/or restate its certificate of incorporation as contemplated by the Merger Agreement and the Preferred Stock Purchase Agreement), (ii) change its fiscal year unless Borrower demonstrates to Lender’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change it’s name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Except in accordance with the terms of the Merger Documents, Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s 's satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance for “"purchasing” " or “"carrying” “" "margin stock” " as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.

Charter Documents; Fiscal Year; Name; Jurisdiction of Organization; Dissolution; Use of Proceeds. Except in accordance with the terms of the Merger Documents, Borrower shall not (i) amend, modify, restate or change its certificate of incorporation or formation or bylaws or similar charter documents in a manner that would be adverse to Lender, (ii) change its fiscal year unless Borrower demonstrates to Lender’s satisfaction compliance with the covenants contained herein for both the fiscal year in effect prior to any change and the new fiscal year period by delivery to Lender of appropriate interim and annual pro forma, historical and current compliance certificates for such periods and such other information as Lender may reasonably request, (iii) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization; (iv) amend, alter or suspend or terminate or make provisional in any material way, any material Permit without the prior written consent of Lender, which consent shall not be unreasonably withheld, (ivv) wind up, liquidate or dissolve (voluntarily or involuntarily) or commence or suffer any proceedings seeking or that would result in any of the foregoing, or (vvi) use any proceeds of any Advance or Overadvance for “purchasing” or “carrying” “margin stock” as defined in Regulations U, T or X of the Board of Governors of the Federal Reserve System, or (vi) without at least 20 days prior written notice to Lender, change its name or change its jurisdiction of organization.