Common use of Control Matters Clause in Contracts

Control Matters. To the Knowledge of the Company, except as set forth in Section 4.20(e) of the Company Disclosure Letter, since July 1, 1997, no person who exercises substantial control over the Company or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) exercised substantial control over another postsecondary educational institution other than the Company (whether or not participating in the Title IV Programs) or any third party servicer (as that term is defined at 34 C.F.R. ss.668.2) prior to or at the time they were employed by the Company. To the Knowledge of the Company, no person who has for any period since July 1, 1997, exercised substantial control over the Company or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) or any member or members of that person's family, alone or together, exercised, prior to or concurrent with their position of substantial control with the Company or any Institution, substantial control over an institution other than the Company or a third-party servicer that owes a liability for a violation of any requirement of the Title IV Programs. To the Knowledge of the Company, since July 1, 1997, no Institution nor any person who exercises substantial control over the Company or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) has pled guilty to, has pled nolo contendere to, or has been found guilty of, a crime involving the acquisition, use or expenditure of funds under the Title IV Programs or has been judicially determined to have committed fraud involving funds under the Title IV Programs. To the Knowledge of the Company, since July 1, 1997, neither the Company nor any Institution nor any Affiliate of the Company or any Institution that has the power, by contract or ownership interest, to direct or cause the direction of the management of policies of any Institution, has filed for relief in bankruptcy or has entered against it an order for relief in bankruptcy. Neither the Company nor any Institution knowlingly employs, and, since July 1, 1997 has knowingly employed, any individual or entity in a capacity that involves the administration or receipt of funds under the Title IV Programs, or knowingly contracted with any institution or third-party servicer, which has been terminated under the Higher Education Act of 1965, as amended, for a reason involving the acquisition, use or expenditure of federal, state or local government funds, or has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use or expenditure of federal, state or local government funds, or has been administratively or judicially determined to have committed fraud or any other material violation of law involving federal, state or local government funds. No institution not then a School or Affiliate of the Company (whether or not participating in the Title IV Programs) or any third-party servicer (as that term is defined at 34 C.F.R. 668.2) is, or since July 1, 1997 has been, administered commonly, jointly or in conjunction with the Company or any School, and no other institution or organization not then a School or Affiliate of the Company has provided educational services on behalf of the Company or any School, except for instruction provided under clinical affiliations. Neither the Company, any Campus nor any School provides, or since July 1, 1997, has provided, any Title IV eligible educational instruction on behalf of any other institution or organization of any sort.

Control Matters. To the Knowledge of the Company, except as set forth in Section 4.20(e) of the Company Disclosure LetterParent, since July 1, 1997, no person who exercises substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30§600.30) exercised substantial control over another postsecondary educational institution other than the Company Parent or any Institution (whether or not participating in the Title IV Programs) or any third party servicer (as that term is defined at 34 C.F.R. ss.668.2§668.2) prior to or at the time they were employed by the CompanyParent or any Institution. To the Knowledge of the CompanyParent, no person who has for any period since July 1, 1997, exercised substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30§600.30) or any member or members of that person's family, alone or together, exercised, prior to or concurrent with their position of substantial control with the Company Parent or any Institution, substantial control over an institution other than the Company Parent or any Institution or a third-party servicer (prior to or during the period such person exercised substantial control over Parent or any Institution) that owes a liability for a violation of any requirement of the Title IV Programs. To the Knowledge of the CompanyParent, since July 1, 1997, no Institution nor any person who exercises substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30§600.30) has pled guilty to, has pled nolo contendere to, or has been found guilty of, a crime involving the acquisition, use or expenditure of funds under the Title IV Programs or has been judicially determined to have committed fraud involving funds under the Title IV Programs. To the Knowledge of the CompanyParent, since July 1, 1997, neither the Company Parent nor any Institution nor any Affiliate of the Company Parent or any Institution that has the power, by contract or ownership interest, to direct or cause the direction of the management of policies of any Institution, has filed for relief in bankruptcy or has entered against it an order for relief in bankruptcy. Neither the Company Parent nor any Institution knowlingly knowingly employs, and, since July 1, 1997 has knowingly employed, any individual or entity in a capacity that involves the administration or receipt of funds under the Title IV Programs, or knowingly contracted with any institution or third-party servicer, which has been terminated under the Higher Education Act of 1965, as amended, for a reason involving the acquisition, use or expenditure of federal, state or local government funds, or has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use or expenditure of federal, state or local government funds, or has been administratively or judicially determined to have committed fraud or any other material violation of law involving federal, state or local government funds. No institution Institution not then a School or Affiliate of the Company Parent (whether or not participating in the Title IV Programs) or any third-party servicer (as that term is defined at 34 C.F.R. 668.2) is, or since July 1, 1997 has been, administered commonly, jointly or in conjunction with the Company Parent or any School, and no other institution or organization not then a School or Affiliate of the Company Parent has provided educational services on behalf of the Company Parent or any Schoolof its Schools, except for instruction provided under clinical affiliations. Neither the Company, any Campus Parent nor any School provides, or since July 1, 1997, has provided, any Title IV eligible educational instruction on behalf of any other institution or organization of any sort.

Control Matters. To the Knowledge of the Company, except as set forth in Section 4.20(e) of the Company Disclosure LetterParent, since July 1, 1997, no person who exercises substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) exercised substantial control over another postsecondary educational institution other than the Company Parent or any Institution (whether or not participating in the Title IV Programs) or any third party servicer (as that term is defined at 34 C.F.R. ss.668.2) prior to or at the time they were employed by the CompanyParent or any Institution. To the Knowledge of the CompanyParent, no person who has for any period since July 1, 1997, exercised substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) or any member or members of that person's family, alone or together, exercised, prior to or concurrent with their position of substantial control with the Company Parent or any Institution, substantial control over an institution other than the Company Parent or any Institution or a third-party servicer (prior to or during the period such person exercised substantial control over Parent or any Institution) that owes a liability for a violation of any requirement of the Title IV Programs. To the Knowledge of the CompanyParent, since July 1, 1997, no Institution nor any person who exercises substantial control over the Company Parent or any Institution (as the term "substantial control" is defined at 34 C.F.R. ss.600.30) has pled guilty to, has pled nolo contendere to, or has been found guilty of, a crime involving the acquisition, use or expenditure of funds under the Title IV Programs or has been judicially determined to have committed fraud involving funds under the Title IV Programs. To the Knowledge of the CompanyParent, since July 1, 1997, neither the Company Parent nor any Institution nor any Affiliate of the Company Parent or any Institution that has the power, by contract or ownership interest, to direct or cause the direction of the management of policies of any Institution, has filed for relief in bankruptcy or has entered against it an order for relief in bankruptcy. Neither the Company Parent nor any Institution knowlingly knowingly employs, and, since July 1, 1997 has knowingly employed, any individual or entity in a capacity that involves the administration or receipt of funds under the Title IV Programs, or knowingly contracted with any institution or third-party servicer, which has been terminated under the Higher Education Act of 1965, as amended, for a reason involving the acquisition, use or expenditure of federal, state or local government funds, or has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use or expenditure of federal, state or local government funds, or has been administratively or judicially determined to have committed fraud or any other material violation of law involving federal, state or local government funds. No institution Institution not then a School or Affiliate of the Company Parent (whether or not participating in the Title IV Programs) or any third-party servicer (as that term is defined at 34 C.F.R. 668.2) is, or since July 1, 1997 has been, 45 administered commonly, jointly or in conjunction with the Company Parent or any School, and no other institution or organization not then a School or Affiliate of the Company Parent has provided educational services on behalf of the Company Parent or any Schoolof its Schools, except for instruction provided under clinical affiliations. Neither the Company, any Campus Parent nor any School provides, or since July 1, 1997, has provided, any Title IV eligible educational instruction on behalf of any other institution or organization of any sort.