Class 4 Clause Samples

The 'Class 4' clause typically defines a specific category or class of creditors or claims within a legal or contractual framework, such as bankruptcy or restructuring proceedings. In practice, this clause outlines which parties or types of claims are included in Class 4, often distinguishing them from other classes based on factors like the nature of the debt, security interests, or priority of payment. Its core function is to ensure that similarly situated creditors are grouped together for purposes such as voting on a plan or receiving distributions, thereby promoting fairness and clarity in the treatment of claims.
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Class 4. End users of significant amounts of electricity in the Western Interconnection, including industrial, agricultural, commercial and retail entities as well as organizations in the Western Interconnection that represent the interests of a substantial number of end users or a substantial number of persons interested in the impacts of electric systems on the public or the environment.
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Class 4. For Class 4 products, upon request as described in this Non-Production Licensing Guide, Micro Focus offers Non- Production Licenses for Micro Focus Software Products that Customer has licensed on a perpetual basis at no charge subject to the following restrictions: • Non-Production Licensed Software may be used on a either a single Hot Standby System or Cold Standby System, or both concurrently, in addition to the primary system, provided, however: • Customer is solely responsible for keeping the data between the systems synchronized; • Customer may replicate its environment in both the Hot Standby System and the Cold Standby System, including the object code of the software, identical schema, projections, and data; and • For Vertica only, Customer can use Non-Production Licensed Software for one (1) Hot Standby System for only read and write operations of data replicated from the primary production system. Data in the Hot Standby System must be a replica of the primary database; • Non-Production Licensed Software may be used in unlimited amounts in a Non-Production Development System or Test System; and • For Vertica and IDOL, any Non-Production License will not count against the IDOL Raw Data Size or Raw Data Size calculation, but, notwithstanding anything else in this Non-Production Licensing Guide, the Non-Production License for Vertica or IDOL shall not exceed the IDOL Raw Data Size or Raw Data Size of the original license.
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Class 4. 5.1 if the Trading Site Application shall state that it is a Class 4 application or if the Executive Committee shall determine that the Nominated Site the subject of a Class 1, Class 2 or Class 3 Trading Site Application does not satisfy the conditions specified in paragraph 2, 3 or (as the case may be) 4, the Executive Committee shall determine from the Trading Site Application and supporting documentation and other matters (and any further evidence provided in accordance with paragraph 6) if the Nominated Site shall be treated as a Trading Site having regard to the criteria set out in paragraph 5.2. 5.2 The criteria referred to in paragraph 5.1 are:- (a) whether special circumstances existed before 30th March, 1990 which demonstrate to the reasonable satisfaction of the Executive Committee that the generation and demand were treated as being on a Trading site; 912 (b) whether special circumstances existed before 11th December, 1991 which demonstrate to the reasonable satisfaction of the Executive Committee that the generation and demand should have been treated as on a Trading Site; (c) whether, although not satisfying the conditions applicable to a Class 1, Class 2 or Class 3 Trading Site Application, if, to the reasonable satisfaction of the Executive Committee, the Trading Site Application demonstrates sufficient similarities with sites which would satisfy those conditions such that it would be unreasonable not to treat the Nominated Site as a Trading Site; (d) whether there are any other facts or evidence in support of the Trading Site Application which in the reasonable opinion of the Executive Committee demonstrate that the Nominated Site ought to be treated as a Trading Site.
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Class 4. 3; Class 5.1; Class 5.2; Class 6.2; or Class 7, shall not be used for carriage under these UN numbers.
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Class 4. 5.1 If the Trading Site Application shall state that it is a Class 4 application or if the Executive Committee shall determine that the Nominated Site the subject of a Class 1, Class 2 or Class 3 Trading Site Application does not satisfy the conditions specified in paragraph 2, 3 or (as the case may be) 4, the Executive Committee shall determine from the Trading Site Application and supporting documentation and other matters (and any further evidence provided in accordance with paragraph 6) if the Nominated Site shall be treated as a Trading Site having regard to the criteria set out in paragraph 5.2. 5.2 The criteria referred to in paragraph 5.1 are:-
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Class 4 
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Related to Class 4

  • Class Size GRADE LOADING RATIO MAXIMUM CLASS SIZE 7.01 Students shall not be assigned to any class which has reached the maximum class size except as provided within this article. 7.02 The site/program administrator is required to discuss class size at a member’s request if the member’s class exceeds the loading ratio. 7.03 Instrumental and choral music classes may exceed the maximums by 1.5 times. Physical education classes may exceed the maximum by 1.35. 7.04 The site/program administrator shall make a reasonable effort to schedule English composition classes in grades 9-12 with a maximum of 29 students. 7.05 The site/program administrator shall make a reasonable effort to schedule combination classes in which students are assigned to more than one grade level K-3 or 3-4 with a maximum of 29 students and 4-6 with a maximum of 30 students. 7.06 The District will make a reasonable effort, within the financial constraints of the District, to reduce class size maximums in those classes into which special education students are integrated, in remedial classes, and in high school composition classes. 7.07 Special Education Classes shall not exceed the maximum cited in the law. 7.07.1 SDC Class Size SDC 7-12 non-severe caseload maximum shall be 26 beginning July 2002; RSP caseload shall be 28; a. The District shall make a reasonable effort to equalize class sizes as determined by the class roster throughout the District within the grade levels and programs consistent with the needs of the students as set forth in his/her IEP and the unique features of each group. “Reasonable effort” may include, but is not limited to include, busing students on a voluntary basis to other sites, moving students to other classes at that site, or adding an instructional aide. b. Except for Hearing Impaired, Visually Handicapped Preschool, SED, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Center classes, average class size within the SDC program in the District shall not exceed 12 students. The class size for any specific class shall not exceed 17 students. In Hearing Impaired, Visually Handicapped Preschool, SED, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Center classes, the District class size average shall not exceed 10, and any individual class shall not exceed 14. c. The District and the Association agree to establish a Special Education/General Education Oversight Committee composed of seven members of which a majority are teachers. The committee shall recognize that consensus is the preferable decision making process. In cases where consensus is not achievable, all decisions and recommendations shall require five (5) votes. The oversight committee shall be established to oversee, guide, and facilitate the following initiatives: i. Two-year K-12 pilot program that shall include no more than six

  • Preference Claims (a) In the event that the Trust Collateral Agent has received a certified copy of an order of the appropriate court that any Scheduled Payment (as defined in the Note Policy) paid on a Note has been avoided in whole or in part as a preference payment under applicable bankruptcy law, the Trust Collateral Agent shall so notify the Insurer, shall comply with the provisions of the Note Policy to obtain payment by the Insurer of such avoided payment, and shall, at the time it provides notice to the Insurer, notify Holders of the Notes by mail that, in the event that any Noteholder's payment is so recoverable, such Noteholder will be entitled to payment pursuant to the terms of the Note Policy. The Trust Collateral Agent shall furnish to the Insurer its records evidencing the payments of principal of and interest on Notes, if any, which have been made by the Trust Collateral Agent and subsequently recovered from Noteholders, and the dates on which such payments were made. Pursuant to the terms of the Note Policy, the Insurer will make such payment on behalf of the Noteholder to the receiver, conservator, debtor-in-possession or trustee in bankruptcy named in the Order (as defined in the Note Policy) and not to the Trust Collateral Agent or any Noteholder directly (unless a Noteholder has previously paid such payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy, in which case the Insurer will make such payment to the Trust Collateral Agent for distribution to such Noteholder upon proof of such payment reasonably satisfactory to the Insurer). (b) The Trust Collateral Agent shall promptly notify the Insurer of any proceeding or the institution of any action (of which a Responsible Officer of the Trust Collateral Agent has actual knowledge) seeking the avoidance as a preferential transfer under applicable bankruptcy, insolvency, receivership, rehabilitation or similar law (a "Note Preference Claim") of any distribution made with respect to the Notes. Each Holder, by its purchase of Notes, and the Trust Collateral Agent hereby agree that so long as an Insurer Default shall not have occurred and be continuing, the Insurer may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to any Preference Claim and (ii) the posting of any surety, supersedes as or performance bond pending any such appeal at the expense of the Insurer, but subject to reimbursement as provided in the Insurance Agreement. In addition, and without limitation of the foregoing, as set forth in Section 6.1(c), the Insurer shall be subrogated to, and each Noteholder and the Trust Collateral Agent hereby delegate and assign, to the fullest extent permitted by law, the rights of the trustee and each Noteholder in the conduct of any proceeding with respect to a Preference Claim, including, without limitation, all rights of any party to an adversary proceeding action with respect to any court order issued in connection with any such Preference Claim.

  • Class All REMIC I Regular Interests or the Class R-1 Residual Interest having the same priority and rights to payments on the Mortgage Loans from the REMIC I Available Distribution Amount, all REMIC II Regular Interests or the Class R-2 Residual Interest having the same priority and rights to payments on the REMIC I Regular Interests from the REMIC II Available Distribution Amount, and all REMIC III Regular Interests or the Class R-3 Residual Interest having the same priority and rights to payments on the REMIC II Regular Interests from the REMIC III Available Distribution Amount, as applicable, which REMIC I Regular Interests, REMIC II Regular Interests, REMIC III Regular Interests and Class R Residual Interests, as applicable, shall be designated as a separate Class, and which, in the case of the Certificates (including the Class R Certificates representing ownership of the Class R Residual Interests), shall be set forth in the applicable forms of Certificates attached hereto as Exhibits A and B. Each Class of REMIC I Regular Interests and the Class R-1 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC I Distribution Amount" only to the extent of the REMIC I Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC I Distribution Amount," each Class of REMIC II Regular Interests and the Class R-2 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC II Distribution Amount" only to the extent of the REMIC II Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC II Distribution Amount" and each Class of REMIC III Regular Interests and the Class R-3 Residual Interest shall be entitled to receive the amounts allocated to such Class pursuant to the definition of "REMIC III Distribution Amount" only to the extent of the REMIC III Available Distribution Amount for such Distribution Date remaining after distributions in accordance with prior clauses of the definition of "REMIC III Distribution Amount."

  • Derivative Claims No Shareholder shall have the right to bring or maintain any court action, proceeding or claim on behalf of the Trust or any series or class of Shares without first making demand on the Trustees requesting the Trustees to bring or maintain such action, proceeding or claim. Such demand shall not be excused under any circumstances, including claims of alleged interest on the part of the Trustees, unless the plaintiff makes a specific showing that irreparable nonmonetary injury to the Trust or series or class of Shares would otherwise result. Such demand shall be mailed to the Secretary of the Trust at the Trust's principal office and shall set forth with particularity the nature of the proposed court action, proceeding or claim and the essential facts relied upon by the Shareholder to support the allegations made in the demand. The Trustees shall consider such demand within 45 days of its receipt by the Trust. In their sole discretion, the Trustees may submit the matter to a vote of Shareholders of the Trust or a series or class of Shares, as appropriate. Any decision by the Trustees to bring, maintain or settle (or not to bring, maintain or settle) such court action, proceeding or claim, or to submit the matter to a vote of Shareholders, shall be binding upon the Shareholders. Any decision by the Trustees to bring or maintain a court action, proceeding or suit on behalf of the Trust or a series or class of Shares shall be subject to the right of the Shareholders under Article V hereof to vote on whether or not such court action, proceeding or suit should or should not be brought or maintained.

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.