Material Amendments. 12.7.1 Material amendments require Authority approval. Pursuant to NRS 388A.231- 360 any material amendment to this Charter Contract will be effective only if approved in writing by the Authority. The proposed amendment must be submitted in a manner consistent with applicable law and regulation and defined in the Operations Manual. A material amendment shall not become effective and the Charter School shall not take action or implement the change requested in the amendment until the amendment is approved, in writing, by the Authority. Changes in operation that are considered material and require the Charter School to obtain an amendment to this Charter Contract include, but are not limited to, the following:
12.7.1.1 Change in the Charter School’s location (change of site and/or adding or deleting sites) (see 1.7.4);
12.7.1.2 Changes to the Mission Statement (see 2.2.1);
12.7.1.3 Elimination of a grade level served or expansion to serve a grade level not served (see 2.3.3);
12.7.1.4 Increasing or decreasing the enrollment beyond the established enrollment cap by more than 10 pursuant to 2.3.3 of this Charter Contract;
12.7.1.5 Changes to the name of the Charter School;
12.7.1.6 Entering into a contract with an Educational Management Organization or terminating a contract with an Educational Management Organization pursuant to 2.10.2.4 of this Charter Contract;
12.7.1.7 Entering into a contract with a Charter Management Organization or terminating a contract with a Charter Management Organization;
12.7.1.8 Changes to the Mission Specific indicators (see 11.1.1.1);
12.7.1.9 Changes to pupil transportation plans (see 2.13.2).
Material Amendments. Without the prior written consent of Administrative Agent consistent with this Section 9.04, no Borrower shall alter, amend, modify, restate, terminate, or change any provision of its Constituent Documents affecting the Investors’ debts, duties, obligations, and liabilities, and the rights, titles, security interests, liens, powers and privileges of any Borrower, any Managing Entity, Administrative Agent or Secured Parties, in each case relating to Capital Calls, Capital Commitments, Capital Contributions or Unfunded Commitments, in each case in any way that materially and adversely affects the rights of Administrative Agent or Secured Parties (each a “material amendment”). With respect to any proposed amendment, modification or change to any Constituent Document (including, for avoidance of doubt, pursuant to any Side Letter) (except any supplement to a private placement memorandum that does not pertain to the Collateral or the Secured Parties’ rights therein, as may be determined by the applicable Borrower in its reasonable discretion), the applicable Borrower shall use reasonable efforts to notify Administrative Agent of such proposal. Administrative Agent shall determine, in its sole discretion, whether such proposed amendment, modification or change to such Constituent Document is a material amendment, and shall notify the applicable Borrower of its determination within five Business Days of the date on which it is deemed to have received such notification pursuant to Section 12.07. If Administrative Agent determines that the proposed amendment is a material amendment and notifies the Borrowers in writing of such determination, the approval of the Required Lenders and Administrative Agent, in their reasonable discretion, will be required (unless the approval of a different percentage of Lenders is required consistent with the terms of Section 12.01), and Administrative Agent shall promptly notify the Lenders of such request for such approval, distributing, as appropriate, the proposed amendment and any other relevant information provided by the applicable Borrower, and Lenders shall be required to respond to such requests within five Business Days of such notice, and if no response is given such Lender shall be deemed to have approved the proposed amendment. If Administrative Agent determines that the proposed amendment is not a material amendment, the applicable Borrower may make such amendment without the consent of Lenders. Notwithstanding the fore...
Material Amendments. Each Borrower will not, and will not permit any of its Subsidiaries, to enter into any material amendment, waiver or modification of (a) any Material Contract that is adverse to the interests of Agent and Lenders and (b) any of the Ares Term Loan Documents (i) except to the extent not prohibited under the Intercreditor Agreement and (ii) without delivering a copy of such amendment, modification or supplement to Agent.
Material Amendments. No later than five Business Days after the effectiveness thereof, copies of any material amendment, supplement, waiver or other modification in respect of any material Second Lien Loan Document; provided that, the availability of the foregoing on the SEC’s XXXXX service (or successor thereto or similar service of any other national securities exchange) shall be deemed to satisfy the Loan Parties’ delivery obligations pursuant to this clause (t); and
Material Amendments. The Company will not, and will not permit any of its Subsidiaries to, consent to any material amendment, supplement or other modification to any of the terms and provisions of the Burlington Agreement or the Difco Agreement.
Material Amendments. Enter into any material amendment, waiver or modification of any Material Contract that is materially adverse to the interests of Agent and Lenders (including, without limitation, the Supply Agreements and the KeyBank Documents).
Material Amendments. (a) Suspend, terminate or make provisional in any way, any material Governmental Approval granted to the Company; (b) make, or agree to make (to the extent the Company has consent rights in connection therewith), any material modification, amendment or waiver of any of the material terms or provisions of any of the Company’s organizational documents or (c) make, or agree to make, or otherwise permit, any material and adverse modification, amendment or waiver of any of the terms or provisions of any Material Contract other than any modification, amendment or waiver to Permitted Indebtedness.
Material Amendments.
12.7.1 Material amendments require Authority approval. Pursuant to NRS 386.527(6) any material amendment to this Charter Contract will be effective only if approved in writing by the Authority. The proposed amendment must be submitted in a manner consistent with applicable law and regulation and defined in the Operations Manual. A material amendment shall not become effective and the Charter School shall not take action or implement the change requested in the amendment until the amendment is approved, in writing, by the Authority. Changes in operation that are considered material and require the Charter School to obtain an amendment to this Charter Contract include, but are not limited to, the following:
12.7.1.1 Change in the Charter School’s Pre-Opening Requirements;
12.7.1.2 Change in the Charter School’s location (change of site and/or adding or deleting sites);
12.7.1.3 Changes to the Bylaws and/or Articles of Incorporation;
12.7.1.4 Changes to the Mission Statement;
12.7.1.5 Elimination of grade level/Expansion to serve grade levels/Increase or Decrease in total enrollment;
12.7.1.6 Changes to the name of the Charter School;
12.7.1.7 Proposal to enter into a contract with an Educational Management Organization or termination of a contract with and Educational Management Organization;
12.7.1.8 Changes to the Mission Specific indicators; and
12.7.1.9 Changes to the curriculum that are of such a nature to cause the curriculum within the Charter Application to cease to be in operation.
Material Amendments.
12.7.1 Material amendments require Authority approval. Pursuant to NRS 388A.231- 360 any material amendment to this Charter Contract will be effective only if approved in writing by the Authority. The proposed amendment must be submitted in a manner consistent with applicable law and regulation and defined in the Operations Manual. A material amendment shall not become effective and the Charter School shall not take action or implement the change requested in the amendment until the amendment is approved, in writing, by the Authority. Changes in operation that are considered material and require the Charter School to obtain an amendment to this Charter Contract include, but are not limited to, the following:
12.7.1.1 Change in the Charter School’s Pre-Opening Conditions (see 1.9.1);
12.7.1.2 Change in the Charter School’s location (change of site and/or adding or deleting sites) (see 1.7.4);
12.7.1.3 Changes to the Mission Statement (see 2.2.1);
12.7.1.4 Elimination of a grade level served or expansion to serve a grade level not served (see 2.3.3);
Material Amendments. Make, or permit any of its Subsidiaries to make, any material amendment to any agreements with any employee or independent contractor (including, without limitation, any optometrist or surgeon providing refractive laser or other services) unless the Loan Parties reasonably determine that such amendment results in cash savings or improved liquidity for the Loan Parties after consultation with the Required Lenders.
