Education Approvals and Compliance. (a) Except as set forth on Section 3.13(a) of the Disclosure Schedule, UAV is and since the Education Compliance Date has been in compliance in all material respects with all applicable Education Laws. To the Knowledge of UAV, except as set forth on Section 3.13(a) of the Disclosure Schedule, there does not exist any pending or threatened investigation, audit, review or site visit by an Education Agency with respect to any Education Approval or UAV’s compliance with any Education Law, except for audits, reviews or site visits (1) conducted on a routine or periodic basis with respect to any entity regulated by the respective Education Agency or holding the respective Education Approval, or (2) which, if determined adversely, would not reasonably be expected to have a material impact on UAV, taken as a whole. Except as set forth on Section 3.13(a) of the Disclosure Schedule, UAV is not subject to any prohibition or limitation on growth based on a written notice from any Education Agency, including through addition of locations or educational programs or enrollment of students, except for requirements for notice to or approval by an Education Agency that are generally applicable to and required for all postsecondary education institutions issued a comparable Education Approval.
Education Approvals and Compliance. (a) Except as set forth on Section 3.13(a) of the Disclosure Schedule, each Acquired Company is and since the Education Compliance Date has been in compliance in all material respects with all applicable Education Laws. Since the Education Compliance Date, each Acquired Company has obtained and held all Education Approvals material to its operations as conducted at the applicable time. Except as set forth on Section 3.13(a) of the Disclosure Schedule, each Acquired Company is, and since the Education Compliance Date has been, in compliance in all material respects with the terms and conditions of all such Education Approvals, and no event has occurred which constitutes or, with the giving of notice or passage of time or both, would constitute a material breach or violation of such Education Approval. Section 3.13(a) of the Disclosure Schedule sets forth a correct and complete list of all Education Approvals held by any Acquired Company that have been in full force and effect since the Education Compliance Date. Since the Education Compliance Date, (i) each Acquired Company has, as applicable, met the qualifications to be (x) licensed, exempt from licensure or otherwise authorized or approved by each State Education Agency (to the extent required to be licensed, exempt, authorized or approved by such State Education Agency), and (y) accredited by each Accrediting Body that is listed in Section 3.13(a) of the Disclosure Schedule, (ii) the Institution has been certified by the ED and has otherwise qualified as a “proprietary institution of higher education” as defined in 34 C.F.R. § 600.5, (iii) the Institution has been in compliance with the applicable limitations on eligibility set forth in 34 C.F.R. §600.7 (and the other sections incorporated therein by reference, as applicable) and (iv) the Institution has been party to a Program Participation Agreement with ED. Each current Education Approval listed on Section 3.13(a) of the Disclosure Schedule is in full force and effect in accordance with its terms, and there is no pending or, to the Knowledge of the Company, threatened, proceeding which would reasonably be expected to result in the suspension, material limitation, revocation, termination, cancellation, non-renewal or imposition of a material fine or other material monetary Liability of or on any of them. Since the Education Compliance Date, except as set forth on Section 3.13(a) of the Disclosure Schedule, (W) no application made by any Acquired Compa...
Education Approvals and Compliance. 8.4.1 No Kaiser School nor any Person that exercises substantial control (as the term “substantial control” is defined in 34 C.F.R. § 668.174(c)(3)) over any Kaiser School, and any member of such Person’s family (as the term “family” is defined in 34 C.F.R. Section 668.174(c)(4)), alone or together, (a) exercise or have exercised substantial control over another institution or third-party servicer (as that term is defined in 34 C.F.R. § 668.2) that owes a liability for a violation of a Title IV Program requirement and (b) owes a liability for a Title IV Program violation, in each case related to the period in which any Kaiser School or any Person that exercises substantial control over any Kaiser School, or member of such Person’s family, exercised substantial control over such institution or third-party servicer.
