2Definitions. As used herein, the following terms shall have the following respective meanings:
2Definitions. Unless otherwise defined in this Agreement, the terms capitalized in this Agreement have the same meanings as given to such terms in the Plan as in effect on the Date of Grant.
2Definitions. Agreement means this agreement and includes all schedules, exhibits, attachments and annexures to it. Code of Conduct means the code of conduct set out in section 2 of Schedule 2.
2Definitions. Any capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in this Agreement.
2Definitions. As used in this Section, (a) ”BHC Act Affiliate” means an “affiliate,” as defined in and interpreted in accordance with 12 U.S.C. §1841(k); (b) ”Default Right” has the meaning assigned in and interpreted in accordance with 12 C.F.R. §§252.81, 47.2 or 382.1, as applicable; and (c) ”QFC” means a “qualified financial contract,” as defined in and interpreted in accordance with 12 U.S.C. §5390(c)(8)(D).
2Definitions. For purposes of this Agreement:
(a) an “affiliate” of any person means another person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such first person;
(b) “material adverse change” or “material adverse effect” means, when used in connection with Acquired Company or RDAR, any change or effect that either individually or in the aggregate with all other such changes or effects is materially adverse to the business, assets, properties, condition (financial or otherwise) or results of operations of such party and its subsidiaries taken as a whole (after giving effect in the case of RDAR to the consummation of the Share Exchange);
2Definitions. For purposes of this Agreement, the following terms shall have the following meanings:
2Definitions. For the purposes of this clause, the following definitions shall apply:
2Definitions. Under this Agreement:
(a) Consultation refers to a genuine opportunity to influence the decision maker, but not joint decision making.
(b) Significant effect includes but is not limited to:
(i) Termination of employment as a result of the change;
(ii) Reduction of hours of work and/or reduction in remuneration;
(iii) Changes to an Employee’s classification or substantial duties (which includes restructuring of jobs) or outsourcing;
(iv) The need for retraining or relocation / redeployment to another site (where flexibility of work locations is not provided for in the employee’s contract of employment);
(v) Major changes in the composition or operation the Employer’s workforce or in the skills required including where this arises because of changes to the legal structure of the employer; or
(vi) The elimination or diminution of job opportunities, promotion opportunities or job tenure, including as a result of technology changes.
(c) Measures to mitigate or avert the adverse effect of change may include but are not limited to:
(i) Redeployment where it is reasonable in the circumstances to do so;
(ii) Retraining of an Employee or Employees;
(iii) Salary maintenance;
(iv) Job sharing; and
(v) Maintenance of accruals.
2Definitions. For purposes hereof the following definitions shall apply:
