Section 6A. 03 (a) Landlord represents and warrants that it has the financial capability and/or adequate financing to complete the Landlord’s Work in the time frames set forth herein. Within ten (10) Business Days of Tenant’s approval of the Final Plans for Landlord’s Work, Landlord shall deliver to Tenant evidence and assurances satisfactory to Tenant of Landlord’s financial capability to complete the Landlord Work. Landlord’s misrepresentation with regard to its ability to provide or obtain financing in an amount sufficient to complete the Landlord’s Work shall constitute material breach of the terms of this Lease.
Section 6A. Representation If an individual unit member chooses non-GTAC representation, the University shall notify GTAC of all formal proceedings. A certified GTAC representative may attend all formal grievance meetings with advance agreement of the grievant. GTAC will be provided with all University responses to formal grievance steps. No such agreements between individuals and the University will necessarily set a traditional work practice for the unit. Section 6b: Exclusions Allegations of harassment, discrimination, Title IX violations, sexual misconduct, sexual violence, and/or retaliation must be reported to the Office of Institutional Opportunity and Access (IOA hereafter) and are not covered by these grievance procedures. Instead, those complaints will be addressed within the IOA complaint process: xxxx://xxx.xx.xxx/complaint-process
Section 6A. (a) Subparagraph (a) of Section 6A of the Parent Guaranty shall be and is hereby amended by renumbering clause (x) thereof as clause (xi) and adding a new clause (x) to read as follows:
Section 6A. 3 Total Debt to EBITDA.....................31
Section 6A. BUSCO shall keep all equipment used in the transportation of students in accordance with the State of Illinois Standards for School Buses, and such equipment shall be maintained in good mechanical order at all times to pass the State School Bus Inspection. Any State inspector fees incurred in the periodic inspection of the vehicles herein described shall be at no cost to the SCHOOL. Buses shall be kept clean and in a sanitary condition and open to the examination by the SCHOOL at all times. It is understood that all equipment furnished shall comply with all statutes, school bus specifications, and safety regulations in force, and that if any bus equipment owned by the contractor is condemned in the whole or in part during the term of the contract, it shall be replaced by the BUSCO without expense to the SCHOOL and without claims for adjustment per diem, or per trip, compensation. No substitution of unauthorized conveyances will be allowed except in the case of an emergency, after authorization by the Superintendent or his designee of the District. Section 6b: BUSCO shall provide a full-time office operation supervised by a resident manager, referred to as “MANAGER”, who will act in behalf of BUSCO to insure compliance with the terms of this Agreement. Manager shall reside in the school district (unless waiver of said requirement is received from the Superintendent or his designee of the District), shall be subject to approval by the Board and Administration, and shall have had no less than one-year experience in school bus transportation management. Manager shall file a report with SCHOOL of any transportation problems and any complaints made by patrons of SCHOOL, and specify disposition thereof within 24 hours. Section 6c: All buses shall be inspected daily and checked carefully for defects as set forth in Section 1 b. All defects found shall be remedied before using the vehicle. In addition, BUSCO shall maintain spare buses equivalent to 10% of total fleet requirements to be used in the event any buses which are transporting students in accordance with this Agreement shall fail to function or otherwise be unable to operate. No daily charge shall be made for any standby bus. Section 6d: BUSCO shall not operate or permit to be operated, any school buses in violation of speed limits, or other traffic laws or ordinances fixed by the State, City, Village or other Municipality. Section 6e: Transportation vehicles shall not be operated by anyone other than a pe...
Section 6A. Section 6(a) shall be deleted in its entirety and replaced with the following:
Section 6A. The phrase "one-third (unless a greater percentage is required below) of shares of Preferred Stock issued or issuable hereunder" in Section 6A shall be amended by inserting at at the end of such phrase "based on 200,000 shares of Preferred Stock, which represents the 150,000 shares of Preferred Stock issuable upon conversion of the Notes and the 50,000 shares of Preferred Stock issued hereunder."
Section 6A. (i) of the Loan Agreement is supplemented so that the Borrower shall provide the Bank with an updated and revised Officer’s Certificate, in the form of Exhibit A hereto, certifying that as to incumbency, the name, title, and specimen signature and/or email address of each individual who shall be authorized (each an “Authorized Officer”) (1) to sign, in the name of the Borrower, revisions to and amendments of the Loan Agreement and the other Loan Documents, and/or (2) to request Loans and authorize loan repayments, give certificates and notices (including, without limitation, new Officer’s Certificates) and to take other action on behalf of the Borrower under the Loan Agreement. Only Authorized Officers who are duly elected executive officers of the Borrower are authorized to provide the Bank with the names of those Authorized Officers to be added to or deleted from status as such Authorized Officers, and/or the names of others authorized to undertake Loan requests and arrange Loan repayments under the Loan Agreement.
Section 6A. (a) Clause (b) of Section 6A.1 of the Loan Agreement is hereby amended by deleting "and 6.20(b)(vii) (and in Section 7.18, if, as and after the conditions specified therein have been met) shall be satisfied" therein and inserting "6.20(b)(vii) of this Agreement (and in Section 7.18 hereof, if, as and after the conditions specified therein have been met) and in Section 19.6 of the New First Amendment shall be satisfied" in its place.
