Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity Clause Samples
This clause establishes requirements regarding the company's foundational documents, fiscal year, and key legal identifiers. It typically obligates the company to maintain and provide access to its organizational documents, such as articles of incorporation or operating agreements, and to specify or maintain a consistent fiscal year for financial reporting. Additionally, it requires the company to accurately state its legal name, state of formation, and entity type (such as corporation or LLC). The core function of this clause is to ensure transparency and consistency in the company's legal and financial identity, which helps prevent confusion or misrepresentation in business dealings.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. (a) Amend, modify or change its Organization Documents in a manner adverse to the Lenders.
(b) Change its fiscal year.
(c) Without providing ten (10) days prior written notice to the Administrative Agent, change its name, state of formation or form of organization.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. No Credit Party shall, nor shall they permit any Subsidiary to, directly or indirectly:
(a) Amend, modify or change its Organization Documents in a manner materially adverse to the Lenders.
(b) Make any material change in (i) accounting policies or reporting practices, except as required by GAAP, FASB, the SEC or any other regulatory body, or (ii) its fiscal year.
(c) Without providing ten (10) days prior written notice to the Administrative Agent, change its name, state of formation or form of organization.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. No Credit Party shall directly or indirectly:
(a) Amend, modify or change its Organization Documents in a manner materially adverse to the Lenders;
(b) Make any material change in (i) accounting policies or reporting practices, except as required by GAAP, FASB, the SEC or any other regulatory body, or (ii) its fiscal year; and
(c) Without providing ten (10) days prior written notice to the Administrative Agent, change its name, state of formation or form of organization.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. (a) In the case of a Loan Party or a direct Foreign Subsidiary of a Loan Party, amend, modify or change its Organization Documents in a manner materially adverse to the rights or interest of the Lenders.
(b) Change its fiscal year (other than, in the case of Restricted Subsidiaries, to change their fiscal year to coincide with the Borrower’s fiscal year).
(c) In the case of any Loan Party, without providing ten days prior written notice to the Administrative Agent (or such lesser period as the Administrative Agent may agree), change its name, state of formation or form of organization.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. No Loan Party shall, nor shall they permit any Subsidiary to, directly or indirectly:
(a) Amend, modify or change its Organization Documents in a manner materially adverse to the Lenders; provided that, for avoidance of doubt, it is agreed that any change to the Organization Documents of the Parent Guarantor permitted by Section 7.04 shall be deemed not materially adverse to the Lenders.
(b) Make any material change in (i) accounting policies or reporting practices, except as required by GAAP, FASB, the SEC or any other regulatory body, or (ii) its fiscal year.
(c) Without providing ten days prior written notice to the Administrative Agent, change its name, state of formation or form of organization.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. Amend, modify or change its Organization Documents in a manner adverse to the Lenders.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. With respect to any Loan Party, (i) change its name, state of formation or form of organization without providing the Administrative Agent at least ten (10) Business Days prior written notice or (ii) amend, modify or change its Organization Documents in a manner adverse to the Lenders.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. (a) Amend, modify or change its Organization Documents in a manner adverse to the Lenders; provided the foregoing shall not apply to amendments, modifications or changes to the MLP Partnership Agreement made in connection with the IPO and which are consistent with the Registration Statement.
(b) Change its fiscal year.
(c) Without providing ten days prior written notice to the Administrative Agent (or such lesser period as the Administrative Agent may agree), change its name, state of formation or form of organization.
(d) In the case of the MLP, alter its status as a partnership for purposes of United States federal income Taxes.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. (a) Amend, modify or change its Organization Documents in a manner which is adverse to the interests of the Administrative Agent or the Lenders.
(b) Change its Fiscal Year.
(c) Change its name or its state of formation or form of organization without providing thirty (30) days prior written notice to the Administrative Agent, provided that nothing herein shall permit any Loan Party to change its state of formation in a state or jurisdiction outside the United States.
(d) Make any significant change in accounting treatment or reporting practices, except as required by GAAP.
Organization Documents; Fiscal Year; Legal Name, State of Formation and Form of Entity. (a) Amend, modify or change its Organization Documents, when taken as a whole, in a manner which is materially adverse to the interests of the Agents or the Lenders.
(b) Change its Fiscal Year.
(c) Change its name, its state of formation or form of organization without providing thirty (30) days (or such shorter period as agreed to by the Administrative Agent in its sole discretion) prior written notice to the Administrative Agent; provided that nothing herein shall permit any Loan Party to change its state of formation in a state or jurisdiction outside the United States.