Procedures and Limitations Sample Clauses
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Procedures and Limitations. 3.2.4.3.1. The Licensee or the applicable members of the Board will give WSU oral or written notice of each meeting of the Board (whether annual or special) at the same time and in the same manner as oral or written notice is given to the applicable members of the Board. Notwithstanding the foregoing, if an Observer attends (or, in the case of a telephonic meeting, listens by telephone to) any such meeting of the Board, then such Observer shall be deemed to have had proper notice of such meeting. Notwithstanding anything contained herein to the contrary, the failure of an Observer to be given notice of a meeting of the Board pursuant to the immediately preceding two sentences or to attend such meeting shall not in any way affect the authority of the Board to have or to adopt resolutions at such meeting or the legitimacy of any actions taken by the Board at such meeting. Subject to the foregoing, the Licensee will permit the Observer to attend (or, in the case of a telephonic meeting, to listen by telephone to) each meeting of the Board as non-voting observer. The Licensee shall provide the Observer all written materials and other information (including copies of meeting minutes) given to the members of the Board in connection with any such meeting at the same time as such information is delivered to the members of the Board and, if an Observer does not attend (or, in the case of a telephonic meeting, does not listen by telephone to) a meeting of the Board, such Observer will be entitled, upon request, to receive the written minutes or an oral summary of the meeting from the Secretary of the Licensee. Prior to attending or listening to any meeting of the Board or obtaining any documents or summaries of such meetings, each Observer shall agree in writing to be bound by the same duties of confidentiality, good faith and loyalty as if such Observer were a member of the Board. If the Licensee takes any action by written consent of the Board in lieu of a meeting of the Board, then the Licensee shall give prompt written notice of such action to the Observer. In all cases where notice, meeting materials or minutes would otherwise be required to be delivered to an Observer or where an Observer would be permitted to attend a meeting under this Section 3.2, the Licensee reserves the right not to provide notice, meeting materials or minutes relating to and to exclude the Observer from any meeting or portion thereof if the Board determines in good faith that the delive...
Procedures and Limitations. (a) The Company shall notify the Union of the basis for the need, the approximate number of Contract personnel required and the Job Classification normally held by engineers performing the type of work involved during the quarterly Labor/Management business meeting.
Procedures and Limitations. The following provisions shall apply to LC Issues:
(a) any request by the Borrower for the issuance of a Letter of Credit shall be given to the Operating Facility Lender;
(b) each Letter of Credit shall have a term not exceeding 12 months or such longer period as may be acceptable to the Operating Facility Lender in its sole discretion and shall otherwise be in a form satisfactory to the Operating Facility Lender, provided that the term of each Letter of Credit shall be permitted to be automatically extended annually pursuant to the terms thereof for up to an additional 12 months or such longer period as may be acceptable to the Operating Facility Lender in its sole discretion, and further provided that no term of a Letter of Credit shall extend beyond the Maturity Date of the Operating Facility unless and until the Borrower has for the benefit of the Operating Facility Lender fully cash collateralized all amounts that may be payable by the Operating Facility Lender in connection with each such Letter of Credit, which cash collateral shall be deposited and maintained in a non-interest bearing cash collateral account with the Agent;
(c) the Operating Facility Lender shall have no obligation to issue a Letter of Credit until the Borrower has executed and delivered to the Operating Facility Lender such ancillary documents, including applications and indemnities, as the Operating Facility Lender normally requires for similar transactions at least three Banking Days prior to the date of issuance;
(d) the Borrower may not effect a Conversion of a Letter of Credit; and
(e) the Borrower shall immediately reimburse the Operating Facility Lender for any amounts drawn on a Letter of Credit failing which the Lender shall be deemed to have made a Prime Loan or USBR Loan, as applicable, depending on the currency of the Letter of Credit.
Procedures and Limitations. Any requests for price adjustments shall be in writing and must be submitted to the GS/OAS’ CM 60 calendar days before the contract anniversary date.
Procedures and Limitations. Except where there is supporting documentation of performance 27 deficiencies, or except when bargaining unit employees do not have the 28 requisite skills and availability to perform the required work no employee shall be 29 involuntarily laid off while Contract personnel are still employed. Furthermore, 30 except in the above situations, no Contract personnel will be employed within a 31 given job classification while employees populate the active recall. The parties, 32 in layoff situations, will meet to discuss all issues in connection with layoffs, 33 and may agree on layoff rules and procedures to address the special facts and 34 circumstances in any particular layoff situation. The Company will utilize its best 35 efforts to maximize work for SPEEA- represented employees in all situations 36 involving contract personnel working at the Spokane facility.
Procedures and Limitations. The following provisions shall apply to Letter of Credit Advances:
(a) up to an aggregate amount of Cdn.$20,000,000 of Letters of Credit may be issued and outstanding under the Working Capital Facility;
(b) each Letter of Credit shall expire not later than one year from its issuance;
(c) the Working Capital Lender shall not have any obligation to issue a Letter of Credit until:
(i) it has been paid the applicable fee(s),
(ii) such ancillary documents, including applications and indemnities, as it normally requires for similar transactions have been executed and delivered to it, and
(iii) in the case of the Conversion of an existing Advance to a Letter of Credit Advance, the full amount of the Advance being converted together with all interest, fees and other amounts applicable thereto have been paid to it; and
(d) all payments made by the Working Capital Lender to any Person pursuant to a Letter of Credit shall, unless the Borrower reimburses the Working Capital Lender for such payment on or before the date it is made, be deemed as and from the date of such payment to be a Prime Rate Advance pursuant to the Working Capital Facility, with the proceeds of such Prime Rate Advance being applied against the Borrower's Obligations to reimburse the Working Capital Lender for payment made under the Letter of Credit.
Procedures and Limitations. (a) Except where there is supporting documentation of performance deficiencies, or except when bargaining unit employees do not have the requisite skills and availability to perform the required work no employee from a surplusing organization shall be involuntarily laid off while Contract personnel are still employed in that job classification within that organization. Furthermore, except in the above situations, no Contract personnel will be employed within a given job classification while employees populate the active recall list for such given classification. The parties, in layoff situations, will meet to discuss all issues in connection with layoffs, and may agree on layoff rules and procedures to address the special facts and circumstances in any particular layoff situation. The Company will utilize its best efforts to maximize work for SPEEA-represented employees in all situations involving contract personnel working at the Spokane facility.
(b) The Company shall notify the Union of the basis for the need, the approximate number of Contract personnel required and the job family normally held by employees performing the type of work involved.
(c) Contract personnel shall not be authorized to make decisions normally associated with management responsibility including salary determination, retention and discipline. Contract labor shall not normally be employed for longer than 12 months. If contract labor is required beyond 12 months, the Company will notify the Union and the contract will not be extended for an unreasonable length of time.
Procedures and Limitations. (a) Except where there is supporting documentation of performance deficiencies, or except when bargaining unit employees do not have the requisite skills and availability to perform the required work no employee from a surplusing organization shall be involuntarily laid off while Contract personnel are still employed in that job classification within that organization. Furthermore, except in the above situations, no Contract personnel will be employed within a given job classification while employees populate the active recall list for such given classification. The parties, in layoff situations, will meet to discuss all issues in connection with layoffs, and may agree on layoff rules and procedures to address the special facts and circumstances in any particular layoff situation. The Company will utilize its best efforts to maximize work for SPEEA-represented employees in all situations involving contract personnel working at the Spokane facility.
(b) The Company shall notify the Union of the basis for the need, the approximate number of Contract personnel required and the job family normally held by employees performing the type of work involved.
(c) Contract personnel shall not be authorized to make decisions normally associated with management responsibility including salary determination, retention and discipline.
Procedures and Limitations. 44
8.2(a) The Company shall notify the Union of the basis for the need, the approximate number of 46 Contract personnel required and the Job Classification normally held by employees performing the 47 type of work involved during the quarterly Labor/Management business meeting. 48 49
Procedures and Limitations. (i) Anything in this Agreement to the contrary notwithstanding, if at any time following termination of this Agreement, the Company shall obtain an opinion of legal counsel (which shall not be the Company's internal counsel), which opinion shall be addressed to the Company and the Advisor and shall be reasonably satisfactory to the Company and the Advisor and its counsel, that the Registered Stock may be publicly offered in a single transaction exempt from the registration and prospectus delivery requirements of the Securities Act so that all transfer restrictions and restrictive legends with respect thereto are or may be removed immediately prior to such sale, the Company shall no longer be obligated to register the Registered Stock.
(ii) Anything in this Agreement to the contrary notwithstanding, the Company shall be entitled to postpone for a period of time in its reasonable judgment, but not to exceed 120 days (a "Blackout Period"), the filing of any registration statement in accordance with this Section, and the preparation and/or filing of any prospectus or any amendments or supplements to any registration statement or prospectus, if the Company reasonably determines that any such filing or the offering of any Registered Stock would (A) impede, delay or otherwise interfere with any financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company or any of its affiliates, or (B) require disclosure of material information which, if disclosed at that time, would be harmful to the interests of the Company and its stockholders; provided, however, that, in the Blackout Period pursuant to (B) above, the Blackout Period shall earlier terminate upon public disclosure by the Company or public admission by the Company of such material information. Upon notice by the Company to the Advisor of such determination, the Advisor covenants that it shall (x) keep the fact of any such notice strictly confidential, (y) promptly halt any offer, sale, trading or transfer by it or any of its affiliates of any of the Registered Stock for the duration of the Blackout Period set forth in such notice (or until earlier terminated in writing by the Company) and (z) promptly halt any use, publication, dissemination or distribution of the Registration (as defined below), each prospectus included therein, and any amendment or supplement thereto by it and any of its affiliates for the duration of the Blackout Period ...