Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Organizational Documents. The Company has delivered in electronic form, if requested, a hard copy or made available to YourSpace a true and correct copy of the Articles of Incorporation, as amended and Bylaws, as amended of the Company and any other organizational documents of the Company, each as amended, and each such instrument is in full force and effect as of the Closing Date (the “Organizational Documents”). To the Company’s knowledge, the Company is not in violation of any of the provisions of its Organizational Documents.

Organizational Documents. The Organizational Document of each Subject Company shall have been amended to remove the following phrase from Section 9.1(c): “or occurrence of any other event that terminates the continuing membership of a Member in the Company”.

such certificates of resolutions or other action, incumbency certificates and/or other certificates of the officers of Borrower as Bank may require evidencing the identity, authority and capacity of each officer thereof authorized to act as an officer in connection with this Agreement and the other Loan Documents to which Borrower is a party;

Amendment of ABL Documents and Organizational Documents. Amend, supplement or otherwise modify # the ABL Credit Agreement or the other ABL Documents if such modification # would result in the Liens or Obligations created under the Loan Documents not being permitted under the ABL Documents, # would modify [Section 12.15] of the ABL Credit Agreement in a manner that is adverse to the interests of [[Organization B:Organization]] or # otherwise places restrictions on the Borrower or any of its Domestic Subsidiaries # providing Liens to secure, or any Guarantees to support, any Obligations created under Loan Documents or # making any payment, repayment or prepayment of any Obligations created under the Loan Documents (other than, in each case under this clause (iii), any such restrictions that, taken as a whole, are not less favorable to [[Organization B:Organization]] than the restrictions set forth in the ABL Documents as in effect on the Closing Date) or # any Organizational Document of the Borrower or any Subsidiary in a manner that is materially adverse to the interests of [[Organization B:Organization]].

Change its fiscal year or amend, modify or change its certificate of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) in any manner materially adverse to the Lenders without the prior written consent of the Required Lenders.

Amendments to Organizational Documents. Amend, modify or change its certificate or articles of incorporation (including by the filing or modification of any certificate or articles of designation), certificate of formation, limited liability company agreement or by-laws (or the equivalent organizational documents), as applicable, in each case, in any manner materially adverse to the interests of the Lenders (taken as a whole); provided that, in each case, a certificate of the ​ delivered to the Administrative ​ at least five Business Days prior to such amendment or other modification, together with a reasonably detailed description of such amendment or modification, stating that the ​ has reasonably determined in good faith that such terms and conditions satisfy such foregoing requirement shall be conclusive evidence that such terms and conditions satisfy such foregoing requirement unless the Administrative ​ notifies the ​ within such five Business Day period that it disagrees with such determination (including a reasonably detailed description of the basis upon which it disagrees).

Delivery of Organizational Documents. The Borrowers shall deliver or cause to be delivered to the Agent copies certified by the Borrowers of all organizational documentation related to each Borrower and each Guarantor, and certification related to their respective formation, structure, existence, good standing and qualification to do business, as the Agent may reasonably request in its sole discretion, including, without limitation, good standing certificates, certificates evidencing qualification to do business in the appropriate jurisdictions, resolutions authorizing entry into the Loan and incumbency certificates.

On the Effective Date, the Debtors shall enter into new formation, organizational, and constituent documents (including those formation, organizational, and constituent documents relating to limited partnerships and limited liability companies) as may be necessary to effectuate the transactions contemplated by the Plan and the RSA and shall be in form and substance acceptable to the Debtors, the Supporting Common Interest Holders, the Required Consenting Term Lenders, and (to the extent adverse in any material respect to the interests of the Required Consenting Revolving Lenders) the Required Consenting Revolving Lenders, it being expressly agreed and understood that all of the provisions of the organizational documents # described in the RSA and # in effect as of the date hereof, are acceptable to the Consenting Revolving Lenders. The Debtors’ respective formation, organizational, and constituent documents (including those formation, organizational, and constituent documents relating to limited partnerships and limited liability companies) shall be amended as may be required to be consistent with the provisions of the Plan, the RSA, and the Bankruptcy Code. The Reorganized Holdco Organizational Documents shall be included as exhibits to the Plan Supplement and shall, among other things: # be consistent with the terms of the RSA; # be in form and substance acceptable to the Debtors, the Supporting Common Interest Holders, the Required Consenting Term Lenders, and (to the extent adverse in any material respect to the interests of the Required Consenting Revolving Lenders) the Required Consenting Revolving Lenders, it being expressly agreed and understood that all of the provisions of the organizational documents # described in the RSA and # in effect as of the date hereof, are acceptable to the Consenting Revolving Lenders; # authorize the issuance of the Reorganized Holdco Interests; and # pursuant to and only to the extent required by section 1123(a)(6) of the Bankruptcy Code, include a provision prohibiting the issuance of non-voting Equity Securities. After the Effective Date, each Reorganized Debtor may amend and restate its formation, organizational, and constituent documents as permitted by the laws of its respective jurisdiction of formation and the terms of such documents.

Reorganized Holdco Organizational Documents. The terms of the Reorganized Holdco Organizational Documents attached to the Plan Supplement as [Exhibit C], are approved in all respects. The obligations of the applicable Reorganized Debtors related thereto, will, upon execution, constitute legal, valid, binding, and authorized obligations of each of the Debtors or Reorganized Debtors, as applicable, enforceable in accordance with their terms and not in contravention of any state or federal law. On the Effective Date, without any further action by the Court or the directors, officers, or equity holders of any of the Reorganized Debtors, each Reorganized Debtor, as applicable, will be and is authorized to enter into the Reorganized Holdco Organizational Documents and all related documents, to which such Reorganized Debtor is contemplated to be a party on the Effective Date. In addition, on the Effective Date, without any further action by the Court or the directors, officers or equity holders of any of the Reorganized Debtors, each applicable Reorganized Debtor will be and is authorized to: # execute, deliver, file, and record any other contracts, assignments, certificates, instruments, agreements, guaranties, or other documents executed or delivered in connection with the Reorganized Holdco Organizational Documents; # perform all of its obligations under the Reorganized Holdco Organizational Documents; and # take all such other actions as any of the responsible officers of such Reorganized Debtor may determine are necessary, appropriate or desirable in connection with the consummation of the transactions contemplated by the Reorganized Holdco Organizational Documents. Notwithstanding anything to the contrary in this Confirmation Order or Article XI of the Plan, after the Effective Date, any disputes arising under the New Term Loan Agreement Documents, and the Reorganized Holdco Organizational Documents will be governed by the jurisdictional provisions therein.