HomeMy WebLinkAboutAPPROVE THE NAME CHANGE FROM MCDONALD TRANSIT ASSOCIATES, INC. TO RATP DEV USA, INC. CONSENT
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THIS CONSENT(this "Consent") is made as of this) (j ofOeteber,2018,by and between
Augusta,Georgia, a political subdivision of the state of Georgia("Augusta")and McDonald
Transit Associates, Inc.,a Texas corporation("McDonald").
RECITALS
WHEREAS,Augusta and McDonald are parties to that certain Public Transit Management and
Operation Agreement, dated as of August 1,2016 (as may be amended from time to time,the
"Agreement").
WHEREAS,McDonald intends to enter into a name change (the "Name Change")pursuant to
which the name McDonald Transit Associates,Inc.will be changed to RATP Dev USA,Inc.
("RATP");
WHEREAS,the Agreement provides that a change in "Control" (as defined in the Agreement)
requires Augusta's prior written consent(the "Change in Control").
WHEREAS,Augusta has indicated that the Name Change requires their prior written consent.
NOW,THEREFORE,and in consideration of the foregoing recitals,which are incorporated
herein,the mutual covenants and agreements herein contained, and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto
hereby agree as follows:
1. Augusta hereby(a)consents, in advance,to the Name Change, (b)waives any right to declare
a breach of the Agreement by McDonald resulting from the Name Change,and(c) agrees that
(i)the Agreement is in full force and effect, (ii)no default exists under the Agreement(or, if
any such default does exist,that Augusta is hereby waiving it) and(iii)the copy of the
Agreement(together with all amendments thereto)that is attached as Schedule I has not been
amended,modified or supplemented.Augusta's consent to the Transaction and the resulting
Change in Control that will occur upon the consummation of the Name Change shall
constitute Augusta's agreement that RATP shall be entitled to continue to enforce the
Agreement against Augusta and that,similarly,Augusta shall have the right to continue to
enforce the Agreement against RATP after the Name Change.
2. Except as provided herein,the Agreement shall remain in full force and effect.
3. Augusta and RATP acknowledge and agree that this Consent may not be amended or
modified in any manner by the parties hereto without receiving Augusta's prior written
consent.
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IN WITNESS WHEREOF, the parties hereto have entered into this Consent as of the date
first above written, intending to be legally bound hereby.
AUGUSTA, GEORGIA
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/By: i By:
Name: �eie Hardie Davis, Jr. Name: Thierr f•eleger ; %� V��
Title: Mayor Title: Chief Financial logrjapiggr
12180 Officer
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Attest: /L► ��, `.�,ii 41i ii `-
'ren. J. Bonne/ 'e k of Commissiwammm t,ttl.
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Date: % s ,,. ...,,.� rt. '.
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Schedule I
See attached.
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