Advances and Transfers Sample Clauses

The "Advances and Transfers" clause governs the conditions under which funds or assets may be advanced or transferred between parties under an agreement. Typically, this clause outlines the procedures for requesting advances, the documentation required, and any limitations or approvals necessary before a transfer can occur. For example, it may specify that advances are only permitted up to a certain amount or that transfers require prior written consent. The core function of this clause is to provide clear rules and safeguards for the movement of funds or assets, thereby reducing the risk of unauthorized or improper transactions.
Advances and Transfers. Attached hereto as Schedule 8 is a true and correct list of all (a) advances made by (i) Holdings to the Borrower or any Subsidiary, (ii) the Borrower to Holdings or any Subsidiary and (iii) any Subsidiary to Holdings, the Borrower or any other Subsidiary, in each case other than those identified on Schedule 7, which advances will be, on and after the date hereof, evidenced by one or more intercompany notes pledged to the Administrative Agent under the Collateral Agreement and (b) unpaid intercompany transfers of goods sold and delivered by the Borrower to any Subsidiary or by any Subsidiary to any other Subsidiary.
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Advances and Transfers 
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Related to Advances and Transfers

  • Payments and Transfers 1. Except under the circumstances envisaged in Article 11, a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments. 2. Nothing in this Agreement shall affect the rights and obligations of any Party who is a member of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement of the Fund, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions, except under Article 11 or at the request of the Fund.

  • Promotions and Transfers The parties contemplate that employees employed within the Utility Clerk, General Clerk, Meat Clerk, Service Clerk or any other classification may desire to seek promotions or transfers into other areas within the store. In the event an employee is promoted into a new classification, said employee will be treated as a probationary employee within that new classification pursuant to Paragraph 3.2 of this Agreement. An employee who is so promoted, but who is unable to perform the work of that classification to the satisfaction of the Employer as a probationary employee may return to his prior classification and wage rate without any loss of seniority in said classification. However, if an employee is terminated for conduct unrelated to a simple inability to perform work, said employee shall have no right to return to his prior classification and shall be considered terminated for all purposes. In the event an employee passes the probationary period within the new classification, his seniority date for purposes of layoff and recall shall be the date of assignment within the new classification. Employees transferred to a new store shall retain their seniority rights. Employees shall state their preference for transfer to a new location upon request by the Employer. Employees shall be selected for transfer by seniority in classification. 3.8.1 All permanent job vacancies in the Warehouse Clerk classification shall be handled on a store-by-store basis. General Clerks, Meat Clerks or Service Clerks in each store who have worked in their respective classification for at least five hundred twenty (520) hours and are desirous of promotion and are otherwise reasonably qualified for promotional opportunity in accordance with this provision must file a semi-annual written request for promotion with their Store Manager during the first (1st) two (2) working weeks in February and August. A Utility Clerk that works in a higher classification for more than sixty (60) calendar days shall be deemed to have been promoted. A General Clerk, Meat Clerk or Service Clerk who has made application shall be granted an available Warehouse Clerk position by seniority, provided they have the qualifications and availability to perform the required work. The employee selected for promotion to Warehouse Clerk under this provision shall be subject to the provisions of Paragraph 3.8 above. All permanent job vacancies in the Warehouse Clerk, General Clerk, Service Clerk and Meat Clerk classifications shall be handled on a store-to-store basis. Utility Clerks who have actually worked at least five hundred twenty (520) hours, and who are desirous of promotion, and who are otherwise reasonably qualified for promotional opportunity in accordance with this provision must file a semi-annual written request for promotion (“Declaration of Interest”) with the Store Director during the first (1st) two (2) weeks of February and August. 3.8.2 All permanent job vacancies in the Apprentice Meat Cutter classification shall be handled on a store-by-store basis. Meat Clerks in each store who have worked in the Meat Clerk classification for at least one thousand five hundred (1500) hours and are desirous of promotion and are otherwise reasonably qualified for promotional opportunity in accordance with the provision must file a semi-annual written request for promotion with their Store Manager during the first (1st) two (2) working weeks in February and August. A Meat Clerk who has made application shall be granted an available Apprentice Meat Cutter position by seniority, provided they have the qualifications and availability to perform the required work. The employee selected for promotion to Apprentice Meat Cutter under this provision shall be subject to the provisions of Paragraph 3.8 above. It is not intended that Paragraphs 3.8.1 and 3.8.2 have any effect on the Employer’s right to transfer employees in any classification between stores. 3.8.3 All employees who are promoted to a higher rated classification of employment shall be subject to the wage progression schedule set forth in Appendix A and receive the next immediate higher rate of pay for that classification as set forth in Appendix A until such time as the employee has accumulated sufficient total credited hours of experience equal to two times (2x) the hours required for that step of the new classification rate before proceeding to the next progression schedule.

  • Assignment and Transfers Except as the Committee may otherwise permit pursuant to the Plan, the rights and interests of the Participant under this Agreement may not be sold, assigned, encumbered or otherwise transferred except, in the event of the death of the Participant, by will or by the laws of descent and distribution. In the event of any attempt by the Participant to alienate, assign, pledge, hypothecate, or otherwise dispose of the Stock Units or any right hereunder, except as provided for in this Agreement, or in the event of the levy or any attachment, execution or similar process upon the rights or interests hereby conferred, the Company may terminate the Stock Units by notice to the Participant, and the Stock Units and all rights hereunder shall thereupon become null and void. The rights and protections of the Company hereunder shall extend to any successors or assigns of the Company and to the Company’s parents, subsidiaries, and affiliates. This Agreement may be assigned by the Company without the Participant’s consent.

  • Advances, Investments and Loans Each Obligor will not, and will not permit any of its Subsidiaries (other than a member of the CEAL Group to which the CEAL Exception Conditions apply) to, directly or indirectly, lend money or credit or make advances to any person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other person (all of the foregoing, “Investments”), except that the following shall be permitted: (a) the Parent and its Subsidiaries may acquire and hold accounts receivables arising in the ordinary course of business and owing to any of them; (b) the Parent and its Subsidiaries may acquire and hold Cash Equivalents, provided that at any time there are Revolving Facility Outstandings and/or Swingline Facility Outstandings, the aggregate amount of Cash Equivalents permitted to be held by Parent and its Subsidiaries shall not exceed €50,000,000 (or its equivalent in other currencies) for any period of five (5) consecutive Business Days; (c) the Parent and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such loans and advances) shall not exceed €10,000,000 (or its equivalent in other currencies); (d) the Parent and its Subsidiaries may enter into Other Interest Hedging Agreements to the extent permitted in Clause 26.4(d) (Indebtedness); (e) the Parent and its Subsidiaries may enter into and perform their obligations under Other Currency/Commodity Hedging Agreements entered into in the ordinary course of business so long as any such Other Currency/Commodity Hedging Agreement is not speculative in nature and is (i) related to income derived from foreign sales or operations of the Parent or any Subsidiary or otherwise related to purchases permitted hereunder from foreign suppliers, (ii) entered into to protect the Parent and/or its Subsidiaries against fluctuations in the prices of raw materials used in their businesses or (iii) entered into to protect the Group’s exposure to adverse movements in foreign exchange in relation to the Facilities and any Permitted Subordinated Indebtedness; (f) loans may be made as expressly permitted by paragraphs (e) and (f) of Clause 26.4 (Indebtedness); (g) the Parent and its Subsidiaries may (i) sell or transfer assets to the extent permitted by Clause 26.2 (Consolidation, Merger, Purchase or Sale of Assets, etc.), and may acquire non-cash consideration in respect thereof to the extent permitted by Clause 26.2 (Consolidation, Merger, Purchase or Sale of Assets, etc.) and (ii) repurchase Equity Interests in certain of its Subsidiaries to the extent expressly permitted pursuant to Clause 26.2(m) (Consolidation, Merger, Purchase or Sale of Assets, etc.); (h) the Parent may effect Permitted Acquisitions in accordance with the requirements of Clause 26.2(p) (Consolidation, Merger, Purchase or Sale of Assets, etc.) and an amount equal to the cash consideration therefor may be contributed, loaned or advanced to, or invested in, the respective person (which must be the Parent or a Wholly-Owned Subsidiary thereof) making such Permitted Acquisition by the Parent or any of its Wholly-Owned Subsidiaries so long as all amounts so invested are in fact used within ten days of the respective payment to pay such consideration owing in connection with the respective Permitted Acquisition (or if not so used, are returned to the Parent or its respective Wholly-Owned Subsidiary at the end of such five-day period); (i) Investments consisting of guarantees in existence on the Initial Borrowing Date as disclosed in Clause 26.4 (Indebtedness) or arising thereafter as a result of guarantees permitted pursuant to Clause 26.4 (Indebtedness); (j) the Parent and its Subsidiaries may, in the ordinary course of business, acquire and own investments (including debt obligations) received in connection with the bankruptcy or reorganisation of, or in settlement of delinquent obligations of, their suppliers and customers; (k) in addition to Investments otherwise permitted above, the Parent and its Subsidiaries may hold (i) their interests in their respective Subsidiaries and (ii) Investments as are in effect on the Initial Borrowing Date which are set out in Part VII of Schedule 10 (Existing Investments); (l) (i) the Parent and the Qualified Obligors may make cash common equity contributions to the capital of Wholly-Owned Subsidiaries of the Parent which are also Qualified Obligors, provided that in the event that any Qualified Obligor in which an investment is made pursuant to this paragraph (l) ceases to constitute a Wholly-Owned Subsidiary of the Parent which is a Qualified Obligor, any remaining Investment therein by the Parent or any of its Subsidiaries will be required to be independently justified under another clause of this Clause 26.5 and (ii) Wholly-Owned Subsidiaries may make cash equity investments (including, for this purpose, preferred equity investments) in Non-Guarantor Subsidiaries (A) to the extent all proceeds of such equity investment are immediately thereafter used by such Non-Guarantor Subsidiary to repay in cash outstanding Intercompany Loans in a like amount previously made by a Qualified Obligor (and otherwise permitted hereunder) to such Non-Guarantor Subsidiary and (B) so long as any Equity Interest issued as consideration for such equity investment is promptly pledged to the Security Trustee for the benefit of the Finance Parties to the extent required by Clause 25.7 (Additional Security and Further Assurances) or any Security Document; (m) Non-Guarantor Subsidiaries may make cash common equity contributions to the capital of other Non-Guarantor Subsidiaries, provided that in the event that any Non-Guarantor Subsidiary which has received a common equity contribution pursuant to this paragraph (m) ceases to constitute a Subsidiary of the Parent, any remaining Investment therein by the Parent or any of its Subsidiaries will be required to be independently justified under another clause of this Clause 26.5; and (n) so long as no Default or Event of Default then exists or would exist after giving effect thereto, the Parent and its Subsidiaries may make additional Investments (which remain outstanding on any date of determination) (i) in the event that the Consolidated Leverage Ratio is greater than 3.75:1.00, not exceeding in aggregate €15,000,000 (or its equivalent in other currencies) and (ii) in the event the Consolidated Leverage Ratio is less than or equal to 3.75:1.00, not exceeding in aggregate €40,000,000 (or its equivalent in other currencies), (and will remain so after the making of each Investment made pursuant to this proviso), it being understood and agreed that, at any time (ii) above is not applicable, Investments made pursuant thereto shall be permitted to remain outstanding, but shall be taken into account in determining whether additional Investments may be made pursuant to this paragraph (n) (without the benefits of (ii) above)).

  • Assignments and Transfers 18.1 Any assignment by either Party to any entity of any right, obligation or duty, or of any other interest hereunder, in whole or in part, without the prior written consent of the other Party shall be void. The assignee must provide evidence of a Commission approved certification to provide Telecommunications Service in each state that Freedom is entitled to provide Telecommunications Service. After BellSouth’s consent, the Parties shall amend this Agreement to reflect such assignments and shall work cooperatively to implement any changes required due to such assignment. All obligations and duties of any Party under this Agreement shall be binding on all successors in interest and assigns of such Party. No assignment or delegation hereof shall relieve the assignor of its obligations under this Agreement in the event that the assignee fails to perform such obligations. Notwithstanding anything to the contrary in this Section, Freedom shall not be permitted to assign this Agreement in whole or in part to any entity unless either (1) Freedom pays all bills, past due and current, under this Agreement, or (2) Freedom’s assignee expressly assumes liability for payment of such bills. 18.2 In the event that Freedom desires to transfer any services hereunder to another provider of Telecommunications Service, or Freedom desires to assume hereunder any services provisioned by BellSouth to another provider of Telecommunications Service, such transfer of services shall be subject to separately negotiated rates, terms and conditions.