Certain Transfers The sale of all or substantially all of Tenant's assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of twenty-five percent (25%) (except for publicly traded shares of stock constituting a transfer of twenty-five percent (25%) or more in the aggregate, so long as no change in the controlling interest of Tenant occurs as a result thereof) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord's consent shall not be required for the assignment of this Lease as a result of a merger by Tenant with or into another entity, so long as (i) the net worth of the successor entity after such merger is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such merger, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such merger, (ii) Tenant shall provide to Landlord, prior to such merger, written notice of such merger and such assignment documentation and other information as Landlord may request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such assignment.
Exception for Certain Family Transfers Anything to the contrary contained in this Section notwithstanding, the transfer of any or all of the Shares during the Optionee’s lifetime or on the Optionee’s death by will or intestacy to the Optionee’s immediate family or a trust for the benefit of the Optionee’s immediate family shall be exempt from the provisions of this Section. “Immediate Family” as used herein shall mean spouse, lineal descendant or antecedent, father, mother, brother or sister. In such case, the transferee or other recipient shall receive and hold the Shares so transferred subject to the provisions of this Section, and there shall be no further transfer of such Shares except in accordance with the terms of this Section.
No Adjustment for Certain Transactions Notwithstanding anything in this Article 4, no adjustment shall be made in the acquisition rights attached to the Warrants if the issue of Common Shares is being made pursuant to this Indenture or in connection with (a) any share incentive plan or restricted share plan or share purchase plan in force from time to time for directors, officers, employees, consultants or other service providers of the Corporation; or (b) the satisfaction of existing instruments issued at the date hereof.
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.
ADJUSTMENTS TO THE RIGHTS IN THE EVENT OF CERTAIN TRANSACTIONS 3.1 Flip-in. (a) In the event that prior to the Expiration Time a Flip-in Date shall occur, except as provided in this Section 3.1, each Right shall constitute the right to purchase from the Company, upon exercise thereof in accordance with the terms hereof (but subject to Section 5.10), that number of shares of Common Stock having an aggregate Market Price on the Stock Acquisition Date equal to twice the Exercise Price for an amount in cash equal to the Exercise Price (such right to be appropriately adjusted in order to protect the interests of the holders of Rights generally in the event that on or after such Stock Acquisition Date an event of a type analogous to any of the events described in Section 2.4(a) or (b) shall have occurred with respect to the Common Stock). (b) Notwithstanding the foregoing, any Rights that are or were Beneficially Owned on or after the Stock Acquisition Date by an Acquiring Person or an Affiliate or Associate thereof or by any transferee, direct or indirect, of any of the foregoing shall become void and any holder of such Rights (including transferees) shall thereafter have no right to exercise or transfer such Rights under any provision of this Agreement. If any Rights Certificate is presented for assignment or exercise and the Person presenting the same will not complete the certification set forth at the end of the form of assignment or notice of election to exercise and provide such additional evidence of the identity of the Beneficial Owner and its Affiliates and Associates (or former Beneficial Owners and their Affiliates and Associates) as the Company shall reasonably request, then the Company shall be entitled conclusively to deem the Beneficial Owner thereof to be an Acquiring Person or an Affiliate or Associate thereof or a transferee of any of the foregoing and accordingly will deem the Rights evidenced thereby to be void and not transferable or exercisable. (c) The Board of Directors of the Company may, at its option, at any time after a Flip-in Date and prior to the time that an Acquiring Person becomes the Beneficial Owner of more than 50% of the outstanding shares of Common Stock elect to exchange all (but not less than all) the then outstanding Rights (which shall not include Rights that have become void pursuant to the provisions of Section 3.1(b)) for shares of Common Stock at an exchange ratio of one share of Common Stock per Right, appropriately adjusted in order to protect the interests of holders of Rights generally in the event that after the Separation Time an event of a type analogous to any of the events described in Section 2.4(a) or (b) shall have occurred with respect to the Common Stock (such exchange ratio, as adjusted from time to time, being hereinafter referred to as the "Exchange Ratio").