43A Sample Clauses

43A. 4.2 Employees who are in receipt of LTD benefits will have their LTD benefit levels adjusted by the indexation increase, which is applied to OPG’s Pension Plan.
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43A. 4.3 Where a position is identified that both Xxxxx Power and the employee on LTD agree he/she can become qualified for through educational retraining, Xxxxx Power will pay tuition fees associated with the retraining, up to a maximum of three years.
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43A. 4.3 Where a position is identified that both AMEC NSS and the employee on LTD agree he/she can become qualified for through educational retraining, AMEC NSS will pay tuition fees associated with the retraining, up to a maximum of three years.
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43A. 4.3 Where a position is identified that both Bruce Power and the employee on LTD agree he/she can become qualified for through educational retraining, Bruce Power will pay tuition fees associated with the retraining, up to a maximum of three years.
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43A. Each Owner shall maintain his Unit or House (both in interior and exterior condition), open court and garden, lawn (if any), house utility box, external wall, swimming pool (if any), filtration plant room (if any), terrace (if any) and all other areas the exclusive possession of which he is entitled to in good repair and condition and in such manner so as to avoid any loss, damage, nuisance or annoyance to any other Owners or their occupiers.
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43A. Subject to the provisions in Schedule 7 to the Building Management Ordinance (Cap.344), the procurement of supplies, goods or services by the Manager or the Owners’ Committee that involves amounts in excess of $200,000 (or such other sum as the Secretary for Home Affairs may specify by notice in the Gazette) or an average annual expenditure of more than 20% of the annual budget (or such other percentage as the Secretary for Home Affairs may specify by notice in the Gazette) , whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in a Code of Practice referred to in section 20A of the Building Management Ordinance (Cap.344) will apply to the Manager or the Owners’ Committee with any appropriate variations.
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43A. NOI" shall mean net operating income, calculated in accordance with GAAP, before amortization, depreciation, interest, rent expense and income taxes.
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43A. Consolidated Total Debt Service" means, for any period, the sum of (i) Consolidated Interest Expense plus (ii) the aggregate amount of all mandatory scheduled payments, prepayments and sinking fund payments paid or accrued by the Company and its Subsidiaries during such period with respect to contingent obligations under agreements relating to Permitted Acquisitions or with respect to principal paid or accrued by the Company in respect of Subordinated Indebtedness and Contingent Notes."
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Related to 43A

  • 01(a) Purchaser shall notify Seller promptly after receiving written notice of the assertion of any litigation, proceedings, governmental investigations, orders, injunctions, decrees or any third party claims subject to indemnification under this Agreement (each, a “Third Party Claim”). Upon receipt of such notice of a Third Party Claim, Seller shall have the right to assume the defense of such Third Party Claim using counsel of its choice reasonably satisfactory to the applicable Purchaser Indemnitee, but may not enter into any settlement without the prior written consent of the applicable Purchaser Indemnitee, which shall not be unreasonably withheld. A Purchaser Indemnitee shall have the right to select separate counsel and to otherwise separately defend itself at its own expense but shall not consent to the entry of a judgment or enter into any settlement with respect to the Third Party Claim without the prior written consent of Seller, which consent shall not be unreasonably withheld. Any exercise of such rights by a Purchaser Indemnitee shall not relieve Seller of its obligations and liabilities under this Section 11.01(a) or any other provision of this Agreement. With respect to any Third Party Claim subject to indemnification under this Agreement, the applicable Purchaser Indemnitee shall be required to cooperate in good faith with Seller to ensure the proper and adequate defense of such Third-Party Claim. For the avoidance of doubt, Seller’s obligations for Purchaser Indemnitees shall not be limited to funds available in the Third Party Controlled Future Spread Custodial Account or the Future Spread Reserve Account.

  • 11A 6 Notwithstanding the foregoing provisions, the Fund, acting through its Trustees, its investment manager or its other authorized representative, may direct the Custodian (and, in turn, the Custodian may direct the Sub-Custodian) to place and maintain the Fund's assets with a particular Eligible Foreign Custodian. In such event, the Custodian and, as applicable, the Sub-Custodian shall be entitled to rely on any such instruction as a Proper Instruction under the terms of the Custodian Agreement and the Sub-Custodian Agreement, respectively, and shall have no duties under this Section with respect to such arrangement save those that it may undertake specifically in writing with respect to each particular instance.

  • Nasdaq Qualification The Shares to be issued shall be duly authorized for listing by Nasdaq, subject to official notice of issuance, to the extent required by the rules of Nasdaq.

  • Tax-Free Qualification (a) Each of Company and Parent shall use its reasonable best efforts to and to cause each of its Subsidiaries to, (i) cause the Merger to qualify as a "reorganization" within the meaning of Section 368(a) of the Code and (ii) obtain the opinions of counsel referred to in Sections 6.2(f) and 6.3(e) of this Agreement.

  • 12A The Secretary of State’s appointed Member (further to Article 12 c) shall become a Member upon the Secretary of State delivering, or posting (by registered post), to the Office of the Academy Trust a notice appointing that person as his Member.

  • Listing, Qualification, Etc This option shall be subject to the requirement that if, at any time, counsel to the Company shall determine that the listing, registration or qualification of the shares subject hereto upon any securities exchange or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the issuance or purchase of shares hereunder, this option may not be exercised, in whole or in part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition shall have been effected or obtained on terms acceptable to the Board of Directors. Nothing herein shall be deemed to require the Company to apply for, effect or obtain such listing, registration, qualification or disclosure, or to satisfy such other condition.

  • Regulation D Qualification Neither the Company nor, to its actual knowledge, any of its affiliates, members, officers, directors or beneficial shareholders of 20% or more of its outstanding securities, has experienced a disqualifying event as enumerated pursuant to Rule 506(d) of Regulation D under the Securities Act.

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

  • Number; Qualification; Tenure (a) The number of Directors constituting the Board shall be at least three and no more than nine, and may be fixed from time to time pursuant to a resolution adopted by the Sole Member. Each Director shall be elected or approved by the Sole Member and shall continue in office until the removal of such Director in accordance with the provisions of this Agreement or until the earlier death or resignation of such Director.

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