New Section 8. 9 A new Section 8.9 shall be added to the Agreement which new section shall read as follows:
New Section 8. 12. The Credit Agreement is hereby amended to add the following new section 8.12 immediately after section 8.11 as follows:
New Section 8. 5. Immediately after Section 8.4, insert the following:
New Section 8. 44 The CONTRACT is hereby modified by the addition of new section 8.44, and by its addition section 8.44 also serves to modify the Statement of Work, where applicable:
New Section 8. The Company and the Holder desire to amend the Original Note to provide limited conversion rights to the Holder in connection with the Offering: “Conversion. The Holder, at its election, may convert $2,000,000 of the outstanding principal balance of this Note into the units of preferred stock and warrants being offered by the Company in the Offering at the price per unit being paid by the investors in such Offering.”
New Section 8. 22. The following is hereby inserted as Section 8.22 of the Agreement:
New Section 8. 16. A new Section 8.16 is hereby added to read as follows: "Promptly after the Closing, but in any event within sixty days following the Closing Date, Buyer shall cause SBCL to pay all amounts earned through the Closing to all of the Continued Employees in accordance with all variable compensation plans maintained by Seller or any of its Affiliates for the benefit of the Continued Employees immediately prior to the Closing including, but not limited to, those items listed in Section 3.13 of the Seller's Disclosure Schedule. In order to effect such payment, Seller shall be responsible for the administration of such bonus payments, including the preparation and distribution of any communications, the calculation of such bonus payments and shall provide Buyer a copy of all such communications and the basis for calculations. The aggregate gross amount of such payments, and other amounts accruing as a result of such payments (including payroll taxes and employer matches under the 401(k) or other plans) shall be accrued and reflected as a liability on the statement of Consolidated Tangible Net Worth of the Business as of the Closing Date."
New Section 8. 4. A new Section 8.4 is hereby added to the LLC Agreement with the language below. “Applicability to Warrantholders. Solely for purposes of this Article VIII, the term “Unitholder” shall include all Warrantholders, each of whom shall be deemed to hold the number of Common Units receivable by such Warrantholder upon the exercise in full of all of such Warrantholder’s Warrants.”
New Section 8. The Company and the Holder desire to amend the Original Note to secure the Company’s obligations to the Holder under the Note:
New Section 8. The Employer shall provide to the Union a complete list of all employees covered by this Agreement upon request, but the Union may not make such a request more than twice a year unless the information is needed for processing of a specific grievance. Such information shall be transmitted electronically in a common, commercially-available spreadsheet such as Excel. The Union shall make a secure FTP site for transmittal of files to the Union available to all Employers upon request. Express Waiver of Chicago Fair Workweek Ordinance Article II-B new Section 7 The parties expressly agree that all rights, requirements, and benefits under the Chicago Fair Workweek Ordinance are hereby expressly waived. Examples of Intoxication Article 1, §6(b) Incorporating Examples of Intoxication Revise Article 1, §6(b) to incorporate the following parenthetical after the word "intoxication" in the first sentence (added language in bold):
