Section 616. 35 The employee’s signature on the evaluation form shall not be construed as an employee 36 agreement with the contents. Evaluation forms shall contain the following statement under the 37 signature line: “This evaluation has been reviewed with me by my immediate supervisor or 38 principal and I have been provided a copy of said evaluation.” 39 40 41 42 ARTICLE VII 43 44 HOURS OF WORK AND OVERTIME 45 46 Section 7.1. 47 Each part-time employee will be assigned in advance to a definite work year with designated times of 48 beginning and ending; provided that the employer may change the existing work year in case of 1 emergency without prior notice, by mutual agreement with the employee, and in any other case by five 2 (5) days written notice to the employee.
Section 616. Title; Liens.......................................... 30
Section 616. Dealing with the Company and Others............................ 52
Section 616. Employees called back on a regular workday, or called on the sixth (6th) or seventh (7th) 25 consecutive workday, shall receive no less than two (2) hours pay at the appropriate rate, and if more than 26 four (4) hours are worked under such circumstances, the employee shall receive a minimum eight (8) hours 27 pay and an appropriate lunch period. 30 A R T I C L E V I I
Section 616. Paying Agents Afforded Protection.............................................................. 42 (11)
Section 616. Permitted Activities; Compliance with Organizational Documents.....................................................32
Section 616 is hereby amended and restated in its entirety as follows: “On the date (if any) that the Delayed Draw Commitment is drawn pursuant to the penultimate sentence of Section 2.01 and at all times thereafter, maintain the Cash Collateral Account.”
Section 616. If the Measurement Date is a Quarterly Measurement Date, the undersigned’s maximum permitted Consolidated Leverage Ratio for the Measurement Period ending at the Measurement Date was not more than 3.75 to 1.00 and the undersigned’s actual ratio at such Measurement Date was to 1.00 and was computed in accordance with the Credit Agreement as follows:
(i) Revolving Loans $
(ii) Swingline Loans $
Section 616. If the Measurement Date is a Quarterly Measurement Date, the undersigned’s maximum permitted Senior Secured Operating Company Leverage Ratio for the Measurement Period ending at the Measurement Date was not more than 2.25 to 1.00 and the undersigned’s actual ratio at such Measurement Date was to 1.00 and was computed in accordance with the Credit Agreement as follows:
(i) Revolving Loans $
(ii) Swingline Loans $
(iii) Letter of Credit Obligations $
(iv) Borrower’s, but not its Subsidiaries’, Capitalized Lease Obligations $
(v) Borrower’s, but not its Subsidiaries’, Indebtedness for borrowed money, other interest-bearing Indebtedness and Seller Financing that is secured $
(vi) Borrower’s, but not its Subsidiaries’, Contingent Obligations relating to Indebtedness for borrowed money, other interest-bearing Indebtedness and Seller Financing that is secured $
(vii) Operating Company Senior Secured Indebtedness (Sum of (i) through (vi) $
(viii) EBITDA for such Measurement Period $
(ix) Interest Expense during such Measurement Period* $
(x) Mandatory Principal Payments during such Measurement Period* $
(xi) Difference of (viii) minus (ix) minus(x) $
(xii) Senior Secured Operating Company Leverage Ratio (Ratio of (vii) to (xi)) to 1.00 * Excluding Interest Expense and Mandatory Principal Payments on Operating Company Senior Secured Indebtedness included in (vii).
Section 616. Permitted Activities.......................................................................... 54
