(z) Sample Clauses

(z). If any Lender fails to deliver a notice to the Administrative Agent of its election to decline receipt of its Applicable Percentage of any mandatory prepayment within the time frame specified by the Administrative Agent, such failure will be deemed to constitute an acceptance of such Lender’s Applicable Percentage of the total amount of such mandatory prepayment of Term Loans.

(z). Section 3.02(z) of the Purchase Agreement is hereby amended and superseded in all respects by the provisions of this Third Amendment. As amended and restated, Section 3.02(z) reads in its entirety:

(z). Section 2.7(z) of the Contribution Agreement is amended by deleting the “.” that appears in such subsection and replacing it with “;”.

(z). Indemnitor: Subsection 10.1(c); aa. Independent Director: Subsection 4.3(c); bb. Insurance Premiums: Subsection 3.3(b); cc. Investor: Section 18.1

(z). The following is a proposal of how the Auxiliaries’ employment will be administered in that regard. 1. Once an Auxiliary employee has completed the 910 hours, they will be called in for work based upon their hours worked in the specific department, program area and position. 2. A record of hours worked by each Auxiliary employee in each respective department program area and position will be tracked. 3. Each department will use the same process for tracking the hours worked according to #2 above. 4. An Auxiliary employee working in one department may choose to accept work in one or more different departments provided that it does not result in overtime. 5. In the event that an employee chooses work according to #4 above, the following shall apply: a) The Auxiliary employee will accumulate a separate record of hours worked in each department, program area and position as per #2 above.

(z). Under a retention and severance plan, if the employment of Xx. Xxxxxx or Xx. Xxxxx, as applicable, terminates at any time as a result of an involuntary termination, and such employee delivers and does not revoke a general release of claims, which will also confirm any post-termination obligations and/or restrictions applicable to such employee, such employee will be entitled to an amount equal to twelve (12) months of such employee’s then-current base salary, less applicable withholdings, and an amount equal to the estimated cost of continuing such employee’s health care coverage and the coverage of such employee’s dependents who are covered at the time of the involuntary termination under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, for a period equal to twelve (12) months. These severance benefits will be paid in a lump-sum on the date the general release of claims becomes effective. The Company’s aggregate contractual obligation under the retention and severance plan, including applicable payroll and employer taxes, is approximately $650,000.

(z). To the extent appropriate as determined in the good faith of the Company and Opco, where the provisions after Section 2 of this Agreement refer to Warrants, Company Warrants, Private Placement Warrants, Class A Ordinary Shares, or the Company or associated terms, such provisions shall apply in a similar manner to the Opco Warrants, Class A Units of Opco (and associated Class B Ordinary Shares) and Opco or associated terms.

(z). Section 1(a)(z) is hereby deleted in its entirety; and the semicolon and the word “or” at the end of Section 1(a)(y) shall be replaced by a period. Amendment to Section 1(d). Section 1(d) of the Rights Agreement is hereby amended and supplemented by deleting the text thereof in its entirety and replacing it with the word “RESERVED”. In addition, the term “Adverse Person” and the corresponding section reference listed under the table entitled the “Defined Term Cross Reference Sheet” are hereby deleted. Amendment to Section 1(j). Section 1(j) of the Rights Agreement is hereby amended and supplemented by adding the following sentence immediately following the end of the first sentence thereof: “For the avoidance of doubt, the term “Common Shares” when used with reference to the Corporation shall not include shares of the Class B Redeemable Common Stock, par value $.01, of the Corporation (the “Class B Shares”).”

(z). The Tranche C1 Term Loan shall be comprised solely of Eurocurrency Rate Loans. Amounts repaid on the Tranche C1 Term Loan may not be reborrowed.

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