Section l0. 5 Delay Not a Waiver...............................................73 Section 10.6 Notices..........................................................73 Section 10.7 Trial by Jury....................................................74 Section 10.8 Headings.........................................................74 Section 10.9 Severability.....................................................74 Section 10.10 Preferences.....................................................75 Section 10.11 Waiver of Notice................................................75 Section 10.12 Remedies of Borrower............................................75 Section 10.13 Expenses; Indemnity.............................................75 Section 10.14
Section l0. The Township agrees to grant the necessary time off, without loss of pay, to the President and two (2) selected representatives of Local 168-A to attend any National or State Convention of the New Jersey State P.B.A., as provided under N.J.S.A. 11:26C-4.
Section l0. 06. Determination of Voting Rights; Conduct and Adjournment of Meeting............................
Section l0. 4A - TERMINATION OR SUSPENSION OF REPRESENTED PROVIDER is hereby added between Section 10.4 and Section 10.5 and reads as follows:
Section l0. 03. Call of Meetings by Company or Certain Holders...
Section l0. 2(a) of the Purchase Agreement is amended and restated in its entirety to read as follows:
(a) Unless Section 10.l shall be applicable, in the event that a Payment Event of Default has occurred and is continuing, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company on account of the Notes or on account of the purchase, redemption or acquisition of the Notes, unless and until such Payment Event of Default shall have been waived or such Senior Indebtedness shall have been discharged in full or, within ten (10) business days of the date that a Payment Event of Default occurred, such Payment Event of Default shall have been cured, after which the Company shall resume making any and all required payments in respect of the Notes, including any missed payments; the holder of the Senior Indebtedness shall give notice to the Noteholder or other holder of the Notes whose name and address the holder of the Senior Indebtedness has received written notice of stating the date of the occurrence of such Payment Event of Default within ten (10) business days after its occurrence, provided that failure to give such notice shall not affect the covenants and obligations of the Company hereunder;"
(d) The first sentence of Section 10.2(b) of the Purchase Agreement is amended and restated in its entirety to read as follows:
(b) Unless Section 10.1 shall be applicable, in the event that written notice is given by the Company or any holder of Senior Indebtedness to the Noteholder or other holder of the Notes whose name and address the holder of the Senior Indebtedness has received written notice of that a Non-Payment Event of Default has occurred and is continuing, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities), shall be made by the Company on account of the Notes or on account of the purchase, redemption or acquisition of the Notes for a period ("Payment Blockage Period") commencing on the effective date of such notice until (subject to any blockage of payments that may then be in effect under subsection (a) of this Section 10.2) the earlier of the time when (x) more than 269 days shall have elapsed since the effective date of such notice, (y) such Non-Payment Event of Default shall have been cured or waived or shall have ceased to exist or such Senior Indebtedness shall have been discharged, or (z) s...
Section l0. 2 Lender's Discretion..............................................................75 Section 10.3
Section l0. 04. Persons Entitled to Vote at a Meeting...............
Section l0 l(b)(i) is hereby amended by deleting the formula for AGP set forth therein and replacing it with the following: AGP equals 25% x [(OI x Multiple) minus L], except that AGP shall not exceed the AGP Maximum. The balance of Section 10.1(b)(i) shall remain in full force and effect.
Section l0. 2 Lender's Discretion...........................................................................59 Section 10.3 Governing Law.................................................................................59 Section 10.4 Modification, Waiver in Writing...............................................................59 Section 10.5 Delay Not a Waiver............................................................................59 Section 10.6 Notices.......................................................................................59 Section 10.7 Trial by Jury.................................................................................59 Section 10.8 Headings......................................................................................59 Section 10.9 Severability..................................................................................59 Section 10.10 Preferences..................................................................................59 Section 10.11 Waiver of Notice.............................................................................59 Section 10.12 Remedies of Borrower.........................................................................59 Section 10.13 Expenses; Indemnity..........................................................................59 Section 10.14
