Pooling. It is the intent of SPS as per agreement with the SEA to provide the SPS’s contribution to the Group Insurance Fund for certificated employees of the SPS to the fullest extent allowed by the Group Insurance Fund Pool. The SPS recognizes that the total amount contributed to the pool for any individual may not be fully utilized due to some employees selecting less coverage than would be paid by the SPS. Therefore, the SPS will identify any unutilized portion of the contributed amount for group insurance and distribute such amount, if any, to enrollees whose coverage exceeds the full share rate.
Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production o...
Pooling. In the event that (A) the Company is party to a transaction which is otherwise intended to qualify for "pooling of interests" accounting treatment, (B) such transaction constitutes a Change in Control within the meaning of Section 15(G)(III) and (C) individuals who satisfy the requirements in clauses (i) and (ii) below constitute more than two-thirds (2/3) of the number of directors of the entity surviving such transaction and the parent thereof, if any: individuals who (i) immediately prior to such transaction constitute the Board and (ii) on the date hereof constitute the Board and any new director (other than a director whose initial assumption of office is in connection with an actual or threatened election contest relating to the election of directors of the Company) whose appointment or election by the Board or nomination for election by the Company's stockholders was approved or recommended, by a vote of at least two-thirds (2/3) of the directors then still in office who either were directors on the date hereof or whose appointment, election or nomination for election was previously so approved or recommended then (a) this Agreement shall, to the extent practicable, be interpreted so as to permit such accounting treatment, and (b) to the extent that the application of clause (a) of this Section 12.2 does not preserve the availability of such accounting treatment, then, to the extent that any provision or combination of provisions of the Agreement disqualifies the transaction as a "pooling" transaction (including, if applicable, the entire Agreement), the Board shall have the right, by sending written notice to the Executive prior to the Change in Control, to unilaterally amend (without the consent of the Executive) such provision or provisions if and to the extent necessary (including declaring such provision or provisions to be null and void as of the date hereof) so that such transaction may be accounted for as a "pooling of interests." All determinations under this Section 12.2 shall be made by the Board prior to the Change in Control, based upon the advice of the accounting firm whose opinion with respect to "pooling of interests" is required as a condition to the consummation of such transaction.
Pooling. The provisions of (S) 3(a)(2)(B) and (S) ------- 3(a)(2)(C) shall be effective on the earlier of (1) the date that SunTrust no longer can participate in any transaction which can be accounted for on the "pooling of interests" method under the requirements of Accounting Principles Board Opinion No. 16, Business Combinations without regard to whether these provisions are effective on such date, (2) the date there is a Change in Control which can not be accounted for on such "pooling of interests" method without regard to the date these provisions become effective or (3) the date there is a Change in Control which can be accounted for on such "pooling of interests" method without regard to whether these provisions are effective on the date of such Change in Control; provided, these provisions shall be effective at the end of the two (2) year period which starts on the date of this Agreement (even if neither (S) 3(a)(2)(G)(1), (S) 3(a)(2)(G)(2) nor (S) 3(a)(2)(G)(3) is applicable) if SunTrust has not entered into a letter of intent or other written agreement to effect a Change in Control before the end of such period.
Pooling. Any Part removed from the Engine as provided in Section 9(a) may so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom be subjected by Lessee (or, if a Permitted Sublease is in effect, a Permitted Sublessee) to a normal pooling arrangement customary in the airline industry of which Lessee (or, if a Permitted Sublease is in effect, a Permitted Sublessee) is a part entered into in the ordinary course of Lessee's or such Permitted Sublessee's business, provided that Lessor has been given an opportunity to review the pooling arrangement, including but not limited to all agreements and other documents relating thereto, and has consented, which consent shall not be unreasonably withheld, to the placement of Parts into such pooling arrangement and provided further that the Part replacing such removed Part shall be incorporated or installed in or attached to the Engine in accordance with Section 9(a) as promptly as possible, and in any event within sixty (60) days, after the removal of such removed Part. In addition, any Replacement Part when incorporated or installed in or attached to the -48- 49 Engine in accordance with Section 9(a) may be owned by another Person subject to such a normal pooling agreement; provided, however, that Lessee (or, if a Permitted Sublease is in effect, a Permitted Sublessee), at its own expense, as promptly thereafter as possible, and in any event within sixty (60) days, either (i) causes title to such replacement Part to vest with Lessor in accordance with Section 9(a) (and to be subjected to the Lien of the Indenture if it has not been discharged) by Lessee (or, if a Permitted Sublease is in effect, a Permitted Sublessee) acquiring title thereto for the benefit of and transferring title to Lessor free and clear of all Liens except Permitted Liens, whereupon such replacement Part shall become subject to this Lease and the Lien of the Indenture (if in effect) without the necessity for any further act, document or notice, or (ii) replaces such replacement Part by incorporating or installing in or attaching to the Engine a further replacement Part owned by Lessee (or, if a Permitted Sublease is in effect, a Permitted Sublessee) free and clear of all Liens other than Permitted Liens and by causing title to such further replacement Part to vest in Lessor as above provided and to be subjected to the Lien of the Indenture if it has not been discharged, whereupon such replacement Part shall...
Pooling. Tier REMIC-1 Pooling-Tier REMIC-1 shall issue the following interests in Pooling-Tier REMIC-1, and each such interest, other than the Class PT1-R Interest is hereby designated as a regular interest in the Pooling-Tier REMIC-1. Pooling-Tier REMIC-1 shall also issue the Class PT1-R Interest, which is hereby designated as the sole class of residual interest in Pooling-Tier REMIC-1. The Class PT1-R Interest shall be represented by the Class R Certificates, shall not have a principal balance and shall have no interest rate. Initial Pooling-Tier Pooling-Tier REMIC-1 Pooling-Tier REMIC-1 REMIC-1 Principal Interest Interest Rate Amount -------------------- -------------------- -------------------- Class PT1-1 (1) $ 77,763,321.20 Class PT1-2A (2) $ 41,440,545.35 Class PT1-2B (3) $ 41,440,545.35 Class PT1-3A (2) $ 39,660,587.50 Class PT1-3B (3) $ 39,660,587.50 Class PT1-4A (2) $ 38,353,876.65 Class PT1-4B (3) $ 38,353,876.65 Class PT1-5A (2) $ 36,881,589.15 Class PT1-5B (3) $ 36,881,589.15 Class PT1-6A (2) $ 35,594,402.50 Class PT1-6B (3) $ 35,594,402.50 Class PT1-7A (2) $ 34,367,453.45 Class PT1-7B (3) $ 34,367,453.45 Class PT1-8A (2) $ 33,196,338.60 Class PT1-8B (3) $ 33,196,338.60 Class PT1-9A (2) $ 32,076,825.40 Class PT1-9B (3) $ 32,076,825.40 Class PT1-10A (2) $ 31,004,857.60 Class PT1 -10B (3) $ 31,004,857.60 Class PT1-11A (2) $ 29,976,561.35 Class PT1-11B (3) $ 29,976,561.35 Class PT1-12A (2) $ 28,988,250.50 Class PT1-12B (3) $ 28,988,250.50 Class PT1-13A (2) $ 28,035,466.70 Class PT1-13B (3) $ 28,035,466.70 Class PT1-14A (2) $ 27,103,601.90 Class PT1-14B (3) $ 27,103,601.90 Class PT1-15A (2) $ 25,957,115.05 Class PT1-15B (3) $ 25,957,115.05 Class PT1-16A (2) $ 24,901,587.70 Class PT1-16B (3) $ 24,901,587.70 Class PT1-17A (2) $ 23,760,118.75 Class PT1-17B (3) $ 23,760,118.75 Class PT1-18A (2) $ 22,734,162.60 Class PT1-18B (3) $ 22,734,162.60 Class PT1-19A (2) $ 21,752,744.25 Class PT1-19B (3) $ 21,752,744.25 Class PT1-20A (2) $ 20,813,921.75 Class PT1-20B (3) $ 20,813,921.75 Class PT1-21A (2) $ 24,797,698.10 Class PT1-21B (3) $ 24,797,698.10 Class PT1-22A (2) $ 351,681,566.30 Class PT1-22B (3) $ 351,681,566.30 Class PT1-23A (2) $ 3,236,234.55 Class PT1-23B (3) $ 3,236,234.55 Class PT1-24A (2) $ 2,975,471.50 Class PT1-24B (3) $ 2,975,471.50 Class PT1-25A (2) $ 2,871,705.15 Class PT1-25B (3) $ 2,871,705.15 Class PT1-26A (2) $ 2,771,538.95 Class PT1-26B (3) $ 2,771,538.95 Class PT1-27A (2) $ 2,674,848.60 Class PT1-27B (3) $ 2,674,848.60 Class PT1-28A (2) $ 2,58...
Pooling. Medical insurance premiums shall be based upon a single rate structure with proportional pooling and cost limiting procedures being applied to all eligible District employees as follows:
Pooling. OSI shall have received a letter from Deloitte & Touche, in form and substance satisfactory to OSI and dated not more than five days prior to the Closing Date, to the effect that the Merger shall qualify as a pooling of interests for financial reporting purposes.
Pooling. 11.12.1 Assets are held with our appointed credit institutions in a pooled client account.
Pooling. No party shall, nor shall any party permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant to this Agreement as a pooling of interests in accordance with GAAP and applicable SEC regulations, and each party hereto shall use all reasonable efforts to achieve such result (including taking such actions as may be necessary to cure any facts or circumstances that could prevent such transactions from qualifying for pooling-of-interests accounting treatment).
