Preferred Consideration of Request for Assignment Sample Clauses

Preferred Consideration of Request for Assignment. 6.2.1 A Unit member who submits a timely and properly completed request for assignment form in accordance with the provisions of section 6.1.2 et. seq., will be given preferred consideration with respect to the Unit Member’s Request for assignment in a regular semester if, by the deadline for receipt of the assignment request form, all of the following apply: 6.2.1.1 the Unit Member has completed at least a thirty-three (33) percent load for each of four (4) regular semesters within the previous six (6) consecutive regular trimesters/semesters within the department or area offering the requested assignment(s), including the semester by which the request form must be submitted. 6.2.1.2 the Unit Member has no overall “needs improvement” or “unsatisfactory” administrative evaluations during the applicable previous six (6) consecutive regular semesters or previous nine (9) consecutive regular trimesters; 6.2.1.3 the Unit Member has not declined, in whole or in part, two offers of assignment during the applicable previous six (6) consecutive regular semesters or previous nine (9) consecutive regular trimesters. 6.2.2 Accordance of preferred consideration for assignments shall be subject to the following, as determined by the District; 6.2.2.1 the availability of requested assignments after regular and contract faculty schedules have been finalized; 6.2.2.2 the Unit Member’s qualifications for the requested assignment(s), including, but not limited to, the Unit Member’s possession of adequate preparation for the assignment through appropriate education or experience, possession of the effective skills relevant to the assignment, possession of particular expertise relevant to the assignment, recency of education preparation, experience and skills relevant to the assignment, prior successful service in the assignment within the department, and recency of performance of the requested assignment within the department; 6.2.2.3 the Unit Member’s past performance during the applicable previous six (6) consecutive regular semesters or previous nine (9) consecutive regular trimesters, including, but not limited to, prior performance evaluations, compliance with employee responsibilities as provided in this Agreement, and other indicators of performance; 6.2.2.4 the need to promote diversity, particular expertise, and recency of skill sets within the department or area. 6.2.3 In the event of a conflict among equally qualified Unit Members who have submitted timely and val...

Related to Preferred Consideration of Request for Assignment

  • Acknowledgment Regarding Investor’s Purchase of Shares The Company acknowledges and agrees that the Investor is acting solely in the capacity of an arm’s length investor with respect to the Registered Offering Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Registered Offering Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the Investor or any of its respective representatives or agents in connection with the Registered Offering Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Investor’s purchase of the Securities, and is not being relied on by the Company. The Company further represents to the Investor that the Company’s decision to enter into the Registered Offering Transaction Documents has been based solely on the independent evaluation by the Company and its representatives.

  • Application of this Revenue Sharing Agreement to Notes The terms of this Revenue Sharing Agreement shall apply to each Note as if the terms of this Revenue Sharing Agreement were fully set forth in each Note.

  • Estoppel Certificate or Subordination Agreement Tenant fails to execute any document required from Tenant under Sections 23 or 27 within 5 days after a second notice requesting such document.

  • Treatment of Warrant Upon Acquisition of Company Upon the closing of any Acquisition, without limiting or prejudicing Holder’s right to convert this Warrant under Section 1.3 or exercise its “put” rights under Section 1.8 (in each case with respect to the Warrant Stock that may then be converted or put) the surviving entity shall, as a condition to the Acquisition, either (i) assume the obligations under this Warrant, then this Warrant shall be convertible into the same securities as would be payable for the shares of Warrant Stock issuable upon conversion of the unconverted portion of this Warrant as if such shares of Warrant Stock were outstanding on the record date for the Acquisition (and the Exchange Price and/or number of shares of Warrant Stock shall be adjusted accordingly); or (ii) the Company or other surviving entity in such Acquisition shall, upon initial closing of such Acquisition purchase this Warrant at its “Fair Value” (the “Purchase Price”). For purposes hereof, “Fair Value” means that value determined by the parties using a Black-Scholes Option-Pricing Model (the “Black-Scholes Calculation”) with the following assumptions: (A) a risk-free interest rate equal to the risk-free interest rate at the time of the closing of the Acquisition (or as close thereto as practicable), (B) a contractual life of the Warrant equal to the remaining term of this Warrant as of the date of the announcement of the Acquisition, (C) an annual dividend yield equal to dividends payable or declared on the underlying shares of Warrant Stock (including securities into which the shares of Warrant Stock may be convertible) during the term of this Warrant (calculated on an annual basis), and (D) a volatility factor of the expected market price of the Company’s Shares comprised of: (1) if the Company is publicly traded on a national securities exchange, its volatility over the one year period ending on the day prior to the announcement of the Acquisition, (2) if the Shares are traded over-the-counter, its volatility over the one year period ending on the day prior to the announcement of the Acquisition, or (3) if the Company is a non-public company, the volatility, over the one year period prior to the Acquisition, of an average of publicly-traded companies in the same or similar industry to the Company with such companies having similar revenues. The Purchase Price determined in accordance with the above shall be paid upon the initial closing of the Acquisition and shall not be subject to any post-Acquisition closing contingencies or adjustments; provided, however, the parties may take such post-Acquisition closing contingencies or adjustments into account in determining the Purchase Price, and if the parties take any post-Acquisition closing contingencies or adjustments into account, then upon the partial or complete removal of those post-Acquisition closing contingencies or adjustments, a new Black-Scholes Calculation would be made using all of the same inputs except for the value of the Company’s Shares (as determined under subclause (D)), and any increase in Fair Value (and, correspondingly, Purchase Price), including, without limitation, as a result of any earn-out or escrowed consideration, would be paid in full to Holder immediately after those post-Acquisition closing contingencies or adjustments can be determined or achieved.

  • Acknowledgment Regarding Investor’s Status The Company acknowledges and agrees that the Investor is acting solely in the capacity of arm’s length purchaser with respect to the Transaction Documents and the transactions contemplated hereby and thereby. The Company further acknowledges that the Investor is not acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated hereby and thereby and any advice given by the Investor or any of its representatives or agents in connection with the Transaction Documents and the transactions contemplated hereby and thereby is merely incidental to the Investor’s purchase of the Securities. The Company further represents to the Investor that the Company’s decision to enter into the Transaction Documents has been based solely on the independent evaluation by the Company and its representatives and advisors.