Common use of Change in Fiscal Year Clause in Contracts

Change in Fiscal Year. The Borrower will not change the end of its fiscal year to a date other than December 31 unless the Borrower shall have given the Administrative Agent prior written notice. Promptly after receiving such notice, the Borrower and the Administrative Agent shall enter into an amendment to this Agreement (which shall not require the consent of any other party hereto) that, in the reasonable judgment of the Administrative Agent and the Borrower, as nearly as practicable, preserves the rights of the parties hereto that would have happened had no such change in fiscal year occurred.

Appears in 6 contracts

Sources: Credit Agreement (Adeia Inc.), Credit Agreement (Adeia Inc.), Credit Agreement (Xperi Holding Corp)

Change in Fiscal Year. The Borrower will not change the end of its fiscal year to a date other than December 31 unless the Borrower shall have given the Administrative Agent prior written notice. Promptly after receiving such notice, the Borrower and the Administrative Agent shall enter into an amendment to this Agreement (which shall not require the consent of any other party hereto) that, in the reasonable judgment judgement of the Administrative Agent and the Borrower, as nearly as practicable, preserves the rights of the parties hereto that would have happened had no such change in fiscal year occurred.

Appears in 6 contracts

Sources: Credit Agreement (Maxlinear, Inc), Credit Agreement (Maxlinear Inc), Credit Agreement (Shutterfly Inc)

Change in Fiscal Year. The Borrower will not change the end of permit its fiscal year for financial reporting purposes to end on a date day other than December 31 unless 31; provided, however, that the Borrower shall have given may, upon written notice to the Administrative Agent prior written notice. Promptly after receiving Agent, change such noticefiscal year (and the fiscal year of the Restricted Subsidiaries) to any other fiscal year reasonably acceptable to the Administrative Agent, in which case, the Borrower and the Administrative Agent shall enter into an amendment will, and are hereby authorized by the Lenders to, make any adjustments to this Agreement (which shall not require and to the consent of any other party hereto) that, covenants contained herein that are necessary in the reasonable judgment of the Administrative Agent and the Borrower, as nearly as practicable, preserves the rights of the parties hereto that would have happened had no order to reflect such change in fiscal year occurredchange.

Appears in 2 contracts

Sources: Credit Agreement (GreenSky, Inc.), Credit Agreement (GreenSky, Inc.)

Change in Fiscal Year. The Borrower will not change the end of its fiscal year to a date other than December 31 to a date that would be consistent with the Borrower’s historical practice prior to the Effective Date unless the Borrower shall have given the Administrative Agent prior written notice. Promptly after receiving such notice, the Borrower and the Administrative Agent shall enter into an amendment to this Agreement (which shall not require the consent of any other party hereto) that, in the reasonable judgment judgement of the Administrative Agent and the Borrower, as nearly as practicable, preserves the rights of the parties hereto that would have happened had no such change in fiscal year occurred.

Appears in 2 contracts

Sources: Credit Agreement (Integrated Device Technology Inc), Credit Agreement (Integrated Device Technology Inc)

Change in Fiscal Year. The Borrower will not change the end of its fiscal year to a date other than December 31 September 30 unless the Borrower shall have given the Administrative Agent prior written notice. Promptly after receiving such notice, the Borrower and the Administrative Agent shall enter into an amendment to this Agreement (which shall not require the consent of any other party hereto) that, in the reasonable judgment of the Administrative Agent and the Borrower, as nearly as practicable, preserves the rights of the parties hereto that would have happened had no such change in fiscal year occurred.

Appears in 2 contracts

Sources: Incremental Amendment (Brooks Automation Inc), Credit Agreement (Brooks Automation Inc)