State Trading Enterprises The rights and obligations of the Parties in respect of state trading enterprises shall be governed by Article XVII of the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994, which are hereby incorporated into and made part of this Agreement.
Shift Trades 6.16.01 Employees may arrange for another employee to work their shift subject to the Manager's approval, consistent with the following: 6.16.01.01 Other than in exceptional circumstances, advice of the trade will be provided to the Manager in writing, in advance, and will be signed by the employees involved. 6.16.01.02 The employee who works a traded shift will be paid for the time worked at his/her rate of pay. 6.16.01.03 Overtime worked prior to or following a traded shift and premium credits on a holiday, in accordance with Article 7.03 and Article 13 respectively, will be credited to the employee who worked the shift as though the shift had been the employee's scheduled shift. 6.16.01.04 All recall credits will be credited to the employee who is recalled. 6.16.01.05 All time debits will be deducted from the employee who agreed to work the shift. 6.16.01.06 Company sick leave provisions will apply to the employee who agreed to work the shift and only to the amount provided for in such regulations. All time not worked in excess of one (1) full shift during a work day shall be debited in accordance with Article 6.16.01.05. 6.16.01.07 Shift trades may only be arranged between employees working in the same location except that, at locations with thirty (30) or less full-time employees, shift trades may be arranged by employees at these locations with employees at other locations within the same base and classification. Such shift trades may be granted subject to the employees concerned being qualified to perform the work function of the other party. 6.16.01.08 An employee's ability to trade shifts is not intended to allow employees to be absent from the work place for extended periods of time nor to take alternate employment. 6.16.01.09 Partial shift trades are permitted provided that no shift is split into more than two (2) parts. No more than two (2) employees may cover a single shift. Partial 6.16.01.10 It will be the sole responsibility of the employees to ensure that the introduction of partial shift trades has absolutely no adverse operational and customer service impact. 6.16.01.11 Under no circumstances shall an employee be allowed to leave his/her assigned duties or work area until their task is completed. His/her “shift trade partner” must be present and ready to take over their next assignment. This transition needs to be seamless to the customer. 6.16.01.12 There will not be additional meal or rest periods assigned to a shift subject to a partial shift trade. Meal and rest periods will be taken as scheduled. 6.16.01.13 A minimum of one (1) hour must be worked by one of the employees involved with a partial shift trade. 6.16.01.14 Any violation of the terms set out herein will result in the immediate suspension of the “partial shift trade privileges” for the employee. Such a measure will be deemed to be of an administrative nature and will not be grievable under any circumstances except as provided below. 6.16.01.15 Notwithstanding the above, the Union may file a grievance only to allege that the violation for which the partial shift trade privileges were revoked did not occur. The Union will bear the onus of the burden of proof in such circumstances. 6.16.01.16 Rules governing such other matters as deadlines for, and approval of, partial shift trade requests will be adopted locally.
WSIB & LTD An Employee who is receiving benefits under the Workplace Safety and Insurance Act, or under an LTD plan, is not entitled to benefits under a school board’s sick leave and short-term disability plan for the same condition unless the employee is on a graduated return to work program then WSIB/LTD remains the first payor. For clarity, where an employee is receiving partial benefits under WSIB/LTD, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of the injury/incident or illness to the date of the approval by the WSIB/LTD of the claim, the employee may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB/LTD has adjudicated and approved the claim. In the event that the WSIB/LTD does not approve the claim, the school board shall deal with the absence consistent with the terms of the sick leave and short-term leave and disability plans.
Block Trades 2.5.1 Notwithstanding any other provision of this Article II, but subject to Section 3.4, at any time and from time to time when an effective Form S-3 is on file with the Commission, if a Demanding Holder wishes to engage in an underwritten registered offering not involving a “roadshow,” an offer commonly known as a “block trade” (a “Block Trade”), with a total offering price reasonably expected to exceed, in the aggregate, either (x) $10 million or (y) all remaining Registrable Securities held by the Demanding Holder, then such Demanding Holder only needs to notify the Company of the Block Trade at least five (5) business days prior to the day such offering is to commence and the Company shall as expeditiously as possible use its commercially reasonable efforts to facilitate such Block Trade; provided that the Demanding Holders representing a majority of the Registrable Securities wishing to engage in the Block Trade shall use commercially reasonable efforts to work with the Company and any Underwriters prior to making such request in order to facilitate preparation of the registration statement, prospectus and other offering documentation related to the Block Trade. 2.5.2 Prior to the filing of the applicable “red ▇▇▇▇▇▇▇” prospectus or prospectus supplement used in connection with a Block Trade, any Demanding Holder initiating such Block Trade shall have the right to submit a written notification to the Company and the Underwriter or Underwriters (if any) of their intention to withdraw from such Block Trade. Notwithstanding anything to the contrary in this Agreement, the Company shall be responsible for the Registration Expenses incurred in connection with a block trade prior to its withdrawal under this subsection 2.5.2. 2.5.3 Notwithstanding anything to the contrary in this Agreement, Section 2.2 shall not apply to a Block Trade initiated by a Demanding Holder pursuant to this Agreement. 2.5.4 The Demanding Holder in a Block Trade shall have the right to select the Underwriters for such Block Trade (which shall consist of one or more reputable nationally recognized investment banks).
Equity Securities The Collateral Manager may direct the Trustee to sell any Equity Security at any time and shall use its commercially reasonable efforts to effect the sale of any Equity Security, regardless of price (provided that any sale to ORBDCC or its Affiliates must be on arm’s length terms), subject to any applicable transfer restrictions: (i) within three years after receipt, if such Equity Security is (A) received upon the conversion of a Defaulted Obligation, or (B) received in an exchange initiated by the Obligor to avoid bankruptcy; and (ii) within 45 days after receipt, if such Equity Security constitutes Margin Stock, unless such sale is prohibited by applicable law or contractual restriction, in which case such Equity Security shall be sold as soon as such sale is permitted by applicable law or such contract.