(m). Section 7.2.5(m) of the Credit Agreement is hereby amended and restated in its entirety with the following:
(m). Section 6.1(m) of the Credit Agreement is hereby deleted in its entirety and is hereby replaced with the following:
(m). Section 8.1(m) of the Agreement is hereby amended and restated in its entirety to read as follows:
(m). A.E.T. shall, prior to, or at the expiry of the time limit on behalf of the Contractor, advise the Council and the applicable Local Union of the job vacancies remaining to be filled. Moreover, if the Contractor has advised M.A.E.T. under Article 12.1.1.3.3 that referred candidates have not been hired, leaving job vacancies remaining to be filled, M.A.E.T. shall immediately advise the Council and the applicable local union accordingly.
(m). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Guarantor from its obligations under the Guaranty pursuant to this Section 9.10. In each case specified in this Section 9.10, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Loan Party such documents as such Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Collateral Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Guaranty, in each case in accordance with the terms of the Loan Documents and this Section 9.10. The Administrative Agent and each of the Lenders (including in its capacities as a Cash Management Bank and a Hedge Bank, if applicable) and the L/C Issuers authorize the Loan Parties to file any continuation statements with respect to any UCC-1 financing statements filed in connection with the Loan Documents (to the extent that such continuation statements have not already been filed) provided that the Loan Parties have given the Administrative Agent 30 days’ prior written notice thereof.
(m). I.T. shall have the right to terminate this Agreement and the rights, privileges and license granted hereunder effective on ninety (90) days' notice to LICENSEE. Upon any material breach or default of Article 3, M.I.T. shall have the right to terminate LICENSEE's rights as provided in Article 3. Such termination shall become automatically effective unless LICENSEE shall have cured or have begun substantial efforts toward curing any such breach or default prior to the expiration of the ninety (90) day period. If, prior to the expiration of the ninety (90) day notice from M.I.T. of intent to terminate LICENSEE has begun substantial efforts toward curing such breach or default and has documented such efforts in writing to M.I.T., LICENSEE shall have an additional ninety (90) days to complete the cure. If the breach or default is not cured within a total of one hundred eighty (180) days from the original notice of intent to terminate, this Agreement shall then terminate.
(m). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Guarantor from its obligations under the Guaranty pursuant to this Section 9.10. In each case as specified in this Section 9.10, the Administrative Agent will, at the Borrower’s expense, execute and deliver to the applicable Loan Party such documents as such Loan Party may reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted under the Collateral Documents or to subordinate its interest in such item, or to release such Guarantor from its obligations under the Guaranty, in each case in accordance with the terms of the Loan Documents and this Section 9.10.
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(m). Section 8.3 of the Agreement is hereby amended to include the following language as new subsection (m): Notwithstanding anything in this Agreement to the contrary, in the event that (i) the Full Escrow Funding has been consummated on or before 5:00 p.m. Central Time on February 15, 2024 and (ii) Parent is entitled to receive the Company Termination Fee pursuant to Section 8.3(b)(i) (other than if this Agreement is terminated by Parent pursuant to Section 8.1(e)(iii)), then the Company shall return to Parent, and Parent shall be entitled to receive from the Company, an amount equal to the Initial Escrow Deposit Amount.
(m). (k) Transferee shall receive a credit for (i) the amount of any unpaid, non-disbursed Tenant incentives, concessions, abatements, free rent amounts, allowances or inducements, including work to be performed by Property Owner for the Tenants (and any of the foregoing that are not payable by the Closing Date) for the current term of Tenant Leases that were in effect on the Effective Date and for the initial term of Tenant Leases that are entered into in accordance with Section 6.1(c), and (ii) unpaid third party leasing and brokerage fees and commissions for (A) the current term of Tenant Leases that were in effect on the Effective Date, and (B) the initial term of Tenant Leases that are entered into in accordance with Section 6.1(c).
