Sections 16. 03 and 16.09 of the Credit Agreement are specifically incorporated herein as though set forth in full.
Sections 16. 10 through 16.13 shall apply only to those disciplinary actions defined in Section 17.1 and Section 17.3 of this Agreement. Step One Section 16.10
(a) The local union representative must file a grievance with the employee's immediate Director, or his or her designated representative, within thirty (30) calendar days after the event(s) giving rise to the grievance.
(b) The local union and Company representatives shall meet within twenty-one (21) calendar days after the grievance was filed. The Company shall present its typewritten/legible proposed disposition within fourteen
Sections 16. 2.B. and 16.3. hereof shall not apply to ownership by Franchisee of less than two percent (2%) beneficial interest in the outstanding equity securities of any publicly-held corporation. The term “publicly-held corporation” as used in this Agreement means a corporation with securities registered under the Securities Exchange Act of 1934.
Sections 16. 8.1 and 16.8.2 shall however not prohibit disclosure or use of any information if and to the extent that:
(a) The disclosure or use is required by applicable Law, provided that prior to such disclosure or use, the Party concerned shall, to the extent practicable, promptly notify the other Parties of such requirement with a view to providing the other Parties with the opportunity to give its comments (which shall not be unreasonably withheld) regarding such disclosure or use;
(b) The disclosure or use is required for the purpose of complying with the provisions of this Agreement or any judicial proceedings arising out of this Agreement or any other agreement entered into under or pursuant to this Agreement;
(c) The information is or becomes publicly available (other than by breach of this Agreement);
(d) The other Parties have given their prior written approval to the disclosure or use;
(e) The disclosure to or use by professional advisors or third party suppliers on a “need-to-know” basis and provided that such advisors or suppliers are subject to written confidentiality obligations; or
(f) The information was already in the possession of that Party and is not subject to a confidentiality obligation or restriction in use.
Sections 16. A.1 through 16.A.3 apply only to teachers.
Sections 16. 10 through 16.13 shall apply only to those disciplinary actions defined in Section 17.1 and Section 17.3 of this Agreement. Step One
(a) The local union representative must file a grievance with the employee's immediate Director, or his or her designated representative, within thirty (30) calendar days after the event(s) giving rise to the grievance.
(b) The local union and Company representatives shall meet within twenty-one (21) calendar days after the grievance was filed. The Company shall present its typewritten/legible proposed disposition within fourteen (14) calendar days after the grievance meeting. If the Company's proposed disposition is not presented within this time frame, the local union may proceed to the next step of this process.
(c) The local union will furnish the Company with a typewritten/legible acceptance, rejection or notice of appeal within fourteen (14) calendar days after receipt of the Company's disposition.
Sections 16. 1 and 16.2 of the Trust Agreement are hereby deleted in their entirety, and in lieu thereof, the following shall be inserted:
Sections 16. 3.4.3 and 16.3.4.4 shall be subject to any requirements of the Family Medical Leave Act.
Sections 16. 2 (Governing Law) and 16.3 (Dispute Resolution) of the Amended and Restated Shareholders’ Agreement shall apply to this Agreement (with the necessary modifications) as if they were set out in full herein. [The remainder of this page has been intentionally left blank.]
Sections 16. 11 and 16.17). Any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document notwithstanding, Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall Agent have or be deemed to have any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against Agent; it being expressly understood and agreed that the use of the word “Agent” is for convenience only, that Agent is merely the representative of the Lenders, and only has the contractual duties set forth herein. Except as expressly otherwise provided in this Agreement, Agent shall have and may use its sole discretion with respect to exercising or refraining from exercising any discretionary rights or taking or refraining from taking any actions that Agent expressly is entitled to take or assert under or pursuant to this Agreement and the other Loan Documents. Without limiting the generality of the foregoing, or of any other provision of the Loan Documents that provides rights or powers to Agent, Lenders agree that Agent shall have the right to exercise the following powers as long as this Agreement remains in effect: (a) maintain, in accordance with its customary business practices, ledgers and records reflecting the status of the Obligations, the Collateral, the Collections, and related matters, (b) execute or file any and all financing or similar statements or notices, amendments, renewals, supplements, documents, instruments, proofs of claim, notices and other written agreements with respect to the Loan Documents, (c) make Advances, for itself or on behalf of Lenders as provided in the Loan Documents, (d) exclusively receive, apply, and distribute the Collections as provided in the Loan Documents, (e) open and maintain such bank accounts and cash management accounts as Agent deems necessary and appropriate in accordance with the Loan Documents for the foregoing purposes with respect to the Collateral and the Collections, (f) perform, exercise, and enforce any and all other rights and remedies of the Lender Group with respect to Borrowers, the Obligations, the Collateral, the Collections, or otherwise related to any of same as provided in the Loan Documents, and (g) incur and pay such Lender Group Expenses as Agent may deem necessary or appropriate for the performance and...
