Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 188 contracts
Sources: Bond Purchase Agreement (Essential Utilities, Inc.), Note Purchase Agreement (Madison Gas & Electric Co), Bond Purchase Agreement (Centerpoint Energy Inc)
Changes in Corporate Structure. The Except as specified in Schedule 4.9, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 84 contracts
Sources: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 38 contracts
Sources: Note Purchase Agreement (CHS Inc), Note Purchase Agreement (CHS Inc), Note Purchase Agreement (ServisFirst Bancshares, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 34 contracts
Sources: Bond Purchase Agreement (Middlesex Water Co), Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Stone Point Credit Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicableincorporation, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 14 contracts
Sources: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationincorporation, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5. Section 4.10.
Appears in 12 contracts
Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Atlantic City Electric Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 7 contracts
Sources: Series 2009c Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.), Note Purchase Agreement (Tri-State Generation & Transmission Association, Inc.), Note Purchase Agreement (SOUTH JERSEY GAS Co)
Changes in Corporate Structure. The On or prior to the Closing Date, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entityentity and no Change in Control shall have occurred, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 7 contracts
Sources: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule 5.5, except as permitted pursuant to Section 10.6.
Appears in 7 contracts
Sources: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationincorporation, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 7 contracts
Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Nevada Power Co), Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to identified in Schedule 5.5.
Appears in 6 contracts
Sources: Note Purchase Agreement (Ugi Corp /Pa/), Note Purchase Agreement (Ugi Corp /Pa/), Note Purchase Agreement (Ugi Corp /Pa/)
Changes in Corporate Structure. The Except as specified in Schedule 4.9, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 6 contracts
Sources: Note Purchase Agreement (Wolverine World Wide Inc /De/), Note Purchase Agreement (Schein Henry Inc), Note Agreement (Ameron International Corp)
Changes in Corporate Structure. The Company shall not have (a) changed its jurisdiction of incorporation or organization, as applicable, or (b) been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except for those transactions that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Sources: Bond Purchase Agreement, Bond Purchase Agreement, Bond Purchase Agreement (Empire District Electric Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation (in each case, other than as permitted under Section 10.2) or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 5 contracts
Sources: Master Note Purchase Agreement (Runway Growth Finance Corp.), Note Purchase Agreement (TriplePoint Venture Growth BDC Corp.), Master Note Purchase Agreement (Bain Capital Specialty Finance, Inc.)
Changes in Corporate Structure. The Except as specified in Schedule 4.7, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 5 contracts
Sources: Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (Park National Corp /Oh/)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationor, except as applicablereflected in Schedule 4.9, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Note Purchase Agreement (Proquest Co), Note Purchase Agreement (Philadelphia Suburban Corp), Note Purchase Agreement (Insituform Technologies Inc)
Changes in Corporate Structure. The Other than as permitted by this Agreement, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Private Shelf Agreement (Graybar Electric Co Inc), Private Shelf Agreement (Graybar Electric Co Inc), Private Shelf Agreement (Graybar Electric Co Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationorganization or, except as applicablereflected in Schedule 4.9, or been a party to any merger or consolidation consolidation, or shall have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Note Purchase Agreement (Intercontinentalexchange Inc), Note Purchase Agreement (Intercontinentalexchange Inc), Note Purchase Agreement (Fair Isaac Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 4 contracts
Sources: Bond Purchase Agreement (Atlantic City Electric Co), Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Pepco Holdings Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation consolidation, or shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 4 contracts
Sources: Note Purchase Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/)
Changes in Corporate Structure. The Other than transactions permitted by Section 10, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationincorporation, changed its organizational structure (as applicable, a corporation) or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Bond Purchase Agreement (CMS Energy Corp), Bond Purchase Agreement (Consumers Energy Co), Bond Purchase Agreement (Consumers Energy Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, organization or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 4 contracts
Sources: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.56.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicableformation, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Allete Inc), Note Purchase Agreement (Solar Senior Capital Ltd.), Note Purchase Agreement (Solar Capital Ltd.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Spartech Corp), Note Purchase Agreement (Spartech Corp), Note Purchase Agreement (Lone Star Industries Inc)
Changes in Corporate Structure. The Company Parties shall not have changed its their respective jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust), Note Purchase Agreement (Pebblebrook Hotel Trust)
Changes in Corporate Structure. The Following the date of the most recent financial statements referred to in Section 5.4 and prior to the Series A/B Closing, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or and the Company shall not have been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Multicurrency Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De), Multicurrency Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De), Note Purchase and Private Shelf Agreement (Idexx Laboratories Inc /De)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5December 31, 2012.
Appears in 3 contracts
Sources: Note Purchase Agreement (Idexx Laboratories Inc /De), Note Purchase Agreement (Idexx Laboratories Inc /De), Note Purchase Agreement (Teekay LNG Partners L.P.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation consolidation, or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or, except as disclosed in Schedule 4.9 or any mergers, consolidations, or acquisitions consummated after the date hereof that are permitted under Section 10.2, been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Securities Purchase Agreement, Securities Purchase Agreement
Changes in Corporate Structure. The Each of the Company and the General Partner shall not have changed its respective jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.), Note Purchase Agreement (Kilroy Realty, L.P.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Senior Secured Super Priority Debtor in Possession Note Purchase Agreement (Real Industry, Inc.), Senior Secured Super Priority Debtor in Possession Note Purchase Agreement (Real Industry, Inc.), Senior Notes Agreement (Southeast Airport Group)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity (whether or not the transaction would be permitted by Section 10.4) at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 3 contracts
Sources: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except as permitted pursuant to Section 10.1.
Appears in 2 contracts
Sources: Note Purchase Agreement (SJW Group), Note Purchase Agreement (SJW Group)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following since the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Ultra Petroleum Corp), Master Note Purchase Agreement (Perrigo Co)
Changes in Corporate Structure. The Company shall not have changed its name, jurisdiction of incorporation or organizationorganization or corporate form, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Piper Jaffray Companies), Note Purchase Agreement (Piper Jaffray Companies)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5since December 31, 2018.
Appears in 2 contracts
Sources: Note Purchase Agreement (Cowen Inc.), Note Purchase Agreement (Medallion Financial Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Pittston Co), Note Purchase Agreement (Pittston Co)
Changes in Corporate Structure. The Other than as permitted by this Agreement, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
Appears in 2 contracts
Sources: Note Purchase and Private Shelf Agreement (Delta Natural Gas Co Inc), Private Shelf Agreement (Oceaneering International Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5since December 31, 2022.
Appears in 2 contracts
Sources: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5, in each case to the extent prohibited by the Existing Note Agreement.
Appears in 2 contracts
Sources: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organizationincorporation, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.. 3
Appears in 2 contracts
Sources: Bond Purchase Agreement (Delmarva Power & Light Co /De/), Bond Purchase Agreement (Delmarva Power & Light Co /De/)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Section 4.16.
Appears in 2 contracts
Sources: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the Material liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Questar Gas Co), Note Purchase Agreement (Questar Gas Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Midstream/Energy Fund, Inc. Note Purchase Agreement
Appears in 2 contracts
Sources: Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.), Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred provided to in Schedule 5.5you.
Appears in 2 contracts
Sources: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entityentity (in each case, other than as permitted under Section 10.2), at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Barings Capital Investment Corp), Note Purchase Agreement (Barings BDC, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5. Section 4.10.
Appears in 2 contracts
Sources: Note Purchase Agreement (Tiaa Real Estate Account), Note Purchase Agreement (Golden State Water CO)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, organization or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Invitation Homes Inc.), Note Purchase Agreement (Rohm & Haas Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Section 5.4.
Appears in 2 contracts
Sources: Senior Secured Note Purchase Agreement (Encore Capital Group Inc), Senior Secured Note Purchase Agreement (Encore Capital Group Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or nor shall have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Signing Date.
Appears in 2 contracts
Sources: Note Exchange Agreement (Kingstone Companies, Inc.), Note and Warrant Exchange Agreement (Kingstone Companies, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.entity (other
Appears in 2 contracts
Changes in Corporate Structure. The Company shall not have have
(a) changed its jurisdiction of incorporation or organization, as applicable, or (b) been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except for those transactions that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or, except as disclosed in Schedule 4.9 or any mergers, consolidations, or acquisitions consummated after the First Closing that are permitted under Section 10.2, been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Section 4.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Southern California Water Co), Note Purchase Agreement (Golden State Water CO)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entityentity since December 31, at any time following the date of the most recent financial statements referred to in Schedule 5.52014.
Appears in 2 contracts
Sources: Note Purchase Agreement (National Health Investors Inc), Note Purchase Agreement (National Health Investors Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5since December 31, 2019.
Appears in 2 contracts
Sources: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except as permitted under Article XVII of the Indenture.
Appears in 2 contracts
Sources: Bond Purchase Agreement (Laclede Group Inc), Bond Purchase Agreement (Laclede Gas Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 2 contracts
Sources: Note Purchase Agreement (Cpi Corp), Note Purchase Agreement (Cpi Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except as permitted under Section 10.2.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Laclede Gas Co), Note Purchase Agreement (Laclede Group Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or Northern Utilities, Inc. Note Purchase Agreement consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation consolidation, or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except for any assumption of liabilities pursuant to the acquisition of magazine and associated assets of ▇▇▇▇▇▇ + ▇▇▇▇ USA Publishing.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation formation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following entity since the date of the most recent financial statements referred to in Schedule 5.5this Agreement.
Appears in 1 contract
Sources: Note Purchase Agreement (St Joe Co)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.55.5 of the First Supplement, except as permitted under Section 10.2 of the Note Purchase Agreement.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.55.5 of the Second Supplement, except as permitted under Section 10.2 of the Note Purchase Agreement.
Appears in 1 contract
Sources: Second Supplement to Master Note Purchase Agreement (Spire Missouri Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.. -3- Madison Gas and Electric Company
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or or, other than as contemplated by the Stock Purchase Agreement, been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its name, jurisdiction of incorporation or organizationorganization or corporate form, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5; provided that, any change to the Company’s name that occurs after the Closing Date will be provided to Purchasers by Company within 30 days of the date of such change.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation consolidation, or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.55.5 except for the assumption of liabilities pursuant to the acquisition of assets of Big Communications, Inc., referred to in Schedule 5.15.
Appears in 1 contract
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or Ameren Transmission Company of Illinois Note Purchase Agreement consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.. Northern Utilities, Inc. Note Purchase Agreement
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of where the liabilities of any other entity, Company is not the surviving entity at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Sources: Note Purchase Agreement (Ecolab Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entityentity since December 31, at any time following the date of the most recent financial statements referred to in Schedule 5.52013.
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Sources: Note Purchase Agreement (National Health Investors Inc)
Changes in Corporate Structure. The Except as otherwise disclosed in the Memorandum or in Schedule 4.9, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Sources: Note Purchase Agreement (Global Water Resources, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.8E.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.or
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to included in Schedule 5.5the Disclosure Documents.
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Changes in Corporate Structure. The Company shall has not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and has not succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.. ------------
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Stock Purchase Agreement.
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Sources: Note Purchase Agreement (HLTH Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of where the liabilities of any other Company is not the surviving entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Sources: Note Purchase Agreement (Ecolab Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, other than as permitted by Section 10.2 hereof or as contemplated by the Acquisition.
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Sources: Note Purchase Agreement (Kirby Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or nor shall have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5Section 5.6.
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Sources: Note and Warrant Purchase Agreement (Ocwen Financial Corp)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5after September 30, 2005.
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Sources: Note Purchase Agreement
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5January 3, 2015.
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Sources: Note Purchase and Private Shelf Agreement (Franklin Electric Co Inc)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5, except as permitted pursuant to Section 10.3 or Section 10.4.
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Changes in Corporate Structure. The Company shall has not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.. U-Haul Holding Company Note Purchase Agreement
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred delivered to in Schedule 5.5you prior to the Closing.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5, except to the extent that any such transaction would have been permitted by Section 10 had such section applied at the date of such transaction.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5since December 31, 2023.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.55.5 or, with respect to any series of Additional Notes, in any applicable Supplement.
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Sources: Master Note Purchase Agreement (New Mountain Guardian III BDC, L.L.C.)
Changes in Corporate Structure. The No Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following October 31, 2007 through the date of the most recent financial statements referred to in Schedule 5.5hereof.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or or, except for transactions contemplated by the Textron Acquisition, been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, entity at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or prohibited by Section 10.7 and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Sources: Note Purchase Agreement (Bindley Western Industries Inc)
Changes in Corporate Structure. The Except for the Subsidiary Reorganization, the Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
Appears in 1 contract
Sources: Note Purchase Agreement (Global Water Resources, Inc.)
Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or or, other than pursuant to the CH2M Acquisition Agreement, been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule 5.5.
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Sources: Note Purchase Agreement (Jacobs Engineering Group Inc /De/)
Changes in Corporate Structure. The No Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred to in Schedule Section 5.5.
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Changes in Corporate Structure. The Company shall not have changed its jurisdiction of incorporation or organization, as applicable, or been a party to any merger or consolidation or and shall not have succeeded to all or any substantial part of the liabilities of any other entity, at any time following the date of the most recent financial statements referred delivered pursuant to in Schedule 5.5Section 7.1(b) of the Existing Note Purchase Agreement.
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