Change in Financial Position Clause Samples

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Change in Financial Position if the Borrower and/or the Co-Borrower/s and/or the Guarantor/s suffers any Material Adverse Effect on the Borrower s financial condition or profits or business and of any material change in the Borrower and/or the Co-Borrower/s and/or the Guarantor/s business ;
Change in Financial Position. Any change in the financial position of any Security Party which, in the reasonable opinion of the Majority Lenders, shall have a Material Adverse Effect; or
Change in Financial Position if the Borrower or the Guarantor suffers any Material Adverse Effect on the Borrower’s financial condition or profits or business and of any material change in the Borrower’s business ;
Change in Financial Position. Any change in the operations or the financial position of the Borrower (taking into account the operations and the financial position of the Borrower’s Subsidiaries as a whole) which, in the reasonable opinion of the Majority Lenders, shall result in a Material Adverse Change; or
Change in Financial Position. On the date of delivery of the Trek shares there will be no material change in the financial position of Trek from that recorded in the effective date accounts and such change as there may be will have arisen in the ordinary, normal and regular course of Trek's business.
Change in Financial Position. Between the signature date and the fulfilment date there will be no material adverse change in the financial position of the Company or Propco from that prevailing on the signature date and such change as there may be will have arisen in the ordinary, normal and regular course of the Company's or Propco's business, as the case may be.
Change in Financial Position. From September 30, 2004, there has been no change in the financial condition of the Business which has had or could reasonably be expected to have a material adverse effect on the financial condition or results of operations of the Business taken as a whole; provided, however, that the Disregarded Circumstances shall be excluded from any determination as to whether such a material adverse effect has occurred.
Change in Financial Position if the Customer(s) or any of the Security Parties shall be affected by a material adverse change in his/their financial condition and/or employment and/or nature of business which in the opinion of the Bank is likely to prejudice the ability of the Customer(s) or the Security Party(ies) to perform his/their obligations under this Agreement in accordance with the terms hereof and/or which likely to have possible implications under the Anti–Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613);
Change in Financial Position 

Related to Change in Financial Position

  • Financial Position The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders’ equity and cash flows as of and for (a) the fiscal years ended December 31, 2014 and 2013 reported on by Ernst & Young LLP, independent public accountants and (b) the six months ended June 30, 2015. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (b) above.

  • 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.

  • Change of Control/Change in Management (i) Any “person” or “group” (as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934 (the “Exchange Act”)), is or becomes the “beneficial owner” (as defined in Rules 13d-3 and 13d-5 under the Exchange Act, except that a Person will be deemed to have “beneficial ownership” of all securities that such Person has the right to acquire, whether such right is exercisable immediately or only after the passage of time), directly or indirectly, of more than twenty five percent (25%) of the total voting power of the then outstanding voting stock of the Parent entitled to vote for the election of directors; (ii) During any period of 12 consecutive months, individuals who at the beginning of any such 12-month period constituted the Board of Directors (or equivalent body) of the Parent (together with any new directors whose election by such Board of Directors or whose nomination for election by the shareholders of the Parent was approved by a vote of a majority of the directors then still in office who were either directors at the beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to constitute at least a majority of the Board of Directors (or equivalent body) of the Parent; or (iii) the Parent shall cease to own and control, directly or indirectly, more than 85% of the outstanding Equity Interests of the Borrower, free and clear of any Liens (other than in favor of the Administrative Agent); or any Person or group shall own, directly or indirectly, an equal or greater percentage of the outstanding Equity Interests of the Borrower than the percentage held by the Parent; or the acquisition of direct or indirect Control of the Borrower by any Person or group other than the Parent; or (iv) (A) General Partner shall cease to be a Wholly Owned Subsidiary of the Parent, (B) the Parent, General Partner or a Wholly-Owned Subsidiary of the Parent cease to have the sole and exclusive power to exercise all management and control over the Borrower or (B) the Parent, General Partner or a Wholly-Owned Subsidiary of the Parent shall cease to be the sole general partner of the Borrower; or (v) the Borrower shall cease to own and control, directly or indirectly, 100% of the outstanding Equity Interests of each Eligible Property Subsidiary and each other Subsidiary Guarantor (other than Subsidiary Guarantors under clause (vii) of the definition of “Required Guarantor”), in each case free and clear of any liens (other than in favor of the Administrative Agent).

  • Change in Business Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.

  • Change in Accounting Method Neither Company nor any of its Subsidiaries has agreed to make, nor is it required to make, any material adjustment under Section 481(a) of the Code or any comparable provision of state, local, or foreign Tax Laws by reason of a change in accounting method or otherwise.