Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders.
Certain Accounting Changes; Organizational Documents. (a) Make any change in its accounting treatment and reporting practices except as required or permitted by GAAP; or
Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP (it being agreed that a conversion from GAAP to IFRS shall be permitted) or (b) except pursuant to a transaction permitted by Section 10.3, amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or bylaws (or other similar documents) in any manner adverse in any respect to the rights or interests of the Lenders hereunder.
Certain Accounting Changes; Organizational Documents. (a) Change its Fiscal Year end (other than any change of a newly acquired Subsidiary’s Fiscal Year end to December 31), or make any change in its accounting treatment and reporting practices except, subject to Section 1.3(b), as permitted by or in accordance with, GAAP or (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents), in each case of this clause (b) in any manner adverse in any material respect to the rights or interests of the Lenders (it being agreed that changing such Person’s name or jurisdiction of organization is not adverse to the Lenders if the Company provides written notice of such change at least ten (10) Business Days (or such shorter time as agreed to by the Administrative Agent) prior to such change).
Certain Accounting Changes; Organizational Documents. The Borrower shall not, and shall not permit any Material Subsidiary to, (a) change its Fiscal Year end, or make (without the consent of Lender) any material change in its accounting treatment and reporting practices except as required by GAAP or (b) amend, modify or change its certificate of formation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner which would materially and adversely affect the rights or interests of the Lender.
Certain Accounting Changes; Organizational Documents. 89 Section 6.10. Amendments; Payments and Prepayments of Certain Debt 89 Section 6.11. Restrictive Agreements 90 Section 6.12. Nature of Business 91 Section 6.13. Capital Expenditures 91 Section 6.14. Sale and Lease-Back Transactions 91 Section 6.15. Assets of Non-Loan Parties 91 Section 6.16. Total Leverage Ratio 92 Section 6.17. Interest Coverage Ratio 92 ARTICLE 7 EVENTS OF DEFAULT Section 7.01. Events of Default 92 Section 7.02. Borrower’s Right to Cure 95
Certain Accounting Changes; Organizational Documents. 67 SECTION 11.10
Certain Accounting Changes; Organizational Documents. 85 SECTION 10.10 Amendments; Payments and Prepayments of Subordinated Indebtedness 85 SECTION 10.11 Restrictive Agreements 85 SECTION 10.12 Nature of Business 86 ARTICLE XI UNCONDITIONAL GUARANTY 86 SECTION 11.1 Guaranty of Obligations 86 SECTION 11.2 Bankruptcy Limitations on each Parent Guarantor 86 SECTION 11.3 Nature of Guaranty 87 SECTION 11.4 Demand by the Administrative Agent 88 SECTION 11.5 Waivers 88 SECTION 11.6 Modification of Loan Documents etc. 88 SECTION 11.7 Reinstatement 89 SECTION 11.8 No Subrogation 89 SECTION 11.9 Agreements for Reimbursement 90 ARTICLE XII DEFAULT AND REMEDIES 90 SECTION 12.1 Events of Default 90 SECTION 12.2 Remedies 93
Certain Accounting Changes; Organizational Documents. (a) Change its fiscal year end from December 31, or make any change in its accounting treatment and reporting practices except as required or permitted by GAAP, (b) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws (or other similar documents) in any manner that is adverse in any material respect to the rights or interests of the Lenders or (c)(i) with respect to the Company, any Designated Borrower that is a Domestic Subsidiary and any Designated Borrower that is a Foreign Subsidiary of the type described in clause (ii) of the definition thereof, reorganize or reincorporate in a jurisdiction (other than its then-existing jurisdiction of organization or incorporation or another jurisdiction located in the United States) and (ii) with respect to any Designated Borrower that is a Foreign Subsidiary of the type described in clause (i) of the definition thereof, reorganize or reincorporate in a jurisdiction (other than its then-existing jurisdiction of organization or incorporation).
Certain Accounting Changes; Organizational Documents. No Credit Party will, and no Credit Party will permit any of its Subsidiaries to (a) change its Fiscal Year end, or make any change in its accounting treatment and reporting practices except as required by GAAP; provided, however that the Parent may change its Fiscal Year one time prior to the Revolving Credit Maturity Date (and its Subsidiaries may make a corresponding change), provided, that such change results in a Fiscal Year for the reporting period of the change that is shorter than twelve (12) months and is accompanied by audited financial statements for such short stub reporting period, or (b) amend, modify or change its certificate of formation, articles of organization or limited partnership certificate (or corporate charter or other similar organizational documents) or amend, modify or change its bylaws, regulations, operating agreement or partnership agreement (or other similar documents) in any manner adverse in any respect to the rights or interests of the Administrative Agent or the Lenders.
