Abeyance. The FHWA will hold in abeyance further actions regarding the complaints filed in the matter (described above) during the performance of this Agreement. At any time, should TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify TxDOT as stated in Article IX of this VRA.
Abeyance. FHWA will hold in abeyance the Letter of Finding regarding the complaint filed in the matter (described above) during the performance of this Agreement. At any time, should TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify TxDOT as stated in section XI above. Should TxDOT fail to remedy the violation within 30 days of notification, the Letter of Finding will be issued and applicable actions taken. FEDERAL HIGHWAY ADMINISTRATION Xxxxxxx X. Xxxxxx Administrator Dated: TEXAS DEPARTMENT OF TRANSPORTATION LtGen X.X. Xxxxx, USMC (Ret) Executive Director Dated: CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL – FOR SETTLEMENT DISCUSSION PURPOSES ONLY CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL – FOR SETTLEMENT DISCUSSION PURPOSES ONLY
I. Scope
Abeyance. Subject to delivery of the Board Certificate described in the next two sentences and the requirements of Section 5.11, in the event that (a) the Board of Directors and the Shareholders of the Company shall have authorized the terms and conditions of the Preference Shares in compliance with the Act and offered to issue the Preference Shares to the Lender, (b) the Lender does not make a Subscription Election to acquire Preference Shares during the Subscription Period, and (c) the Company does not make an Accelerated Repayment Election to repay the Convertible Loan during the Accelerated Repayment Period, then, for so long thereafter as the Company maintains a Ratio of at least 3:1, the negative covenants and agreements of the Company set forth in Sections 6.1 to 6.13 and the affirmative covenants and agreements of the Company set forth in Sections 5.7 (Observer) and 5.10 (Milestones) shall be non-binding on the Company. On the last day of the Accelerated Repayment Period the Company shall deliver to the Lender a certificate of the Board of Directors of the Company (i) setting forth the Company’s calculation of the Ratio on an un-audited basis as of such date, and (ii) representing and warranting that such directors believe after reasonable investigation and review that the calculation of the Ratio set forth in the certificate is true and correct in all material respects (a “Board Certificate”). Thereafter, the Company shall, in conjunction with the preparation of each set of audited accounts of the Company after delivery of the initial Board Certificate (whether monthly, quarterly or annual and regardless of the reason for the Company’s preparation thereof (e.g., pursuant to the Act, securities laws or applicable stock exchange regulation)) deliver to the Lender on each date of release of such audited accounts a Board Certificate in the form described in the preceding sentence (except that the calculation of the Ratio shall be audited in all Board Certificates except for the initial Board Certificate), with such Board Certificate and the Ratio contained therein taking the place of the preceding Board Certificate and Ratio for purposes of this Section 6.14 thereafter. In the event the Company ceases to maintain a 3:1 Ratio as demonstrated by the most recent Board Certificate, then the provision of Sections 6.1 to 6.13 and Sections 5.7 and 5.10 shall again be binding on the Company.
Abeyance. (a) In addition to, and in furtherance of, the amendment to the Merger Agreement provided by Section 1(g) above, each of the parties agrees not to exercise any right to terminate the Merger Agreement pursuant to Section 9.1(i) thereof until the earlier of (i) April 30, 2004 or (ii) three (3) business days after the conclusion of the Second Company Stockholders Meeting (as defined below) and, if held and later, the Second Parent Stockholders Meeting (as defined below).
(b) In addition to, and in furtherance of, the amendment to the Merger Agreement provided by Section 1(d) above, the Company agrees not to exercise any rights with respect to, and to waive any conditions contained in, Section 8.2(a) of the original Merger Agreement if the exercise of any rights with respect to, or the failure to waive any conditions contained in, such Section 8.2(a) would be inconsistent with such Section as amended by the amendment contemplated by Section 1(d) above.
(c) In addition to, and in furtherance of, the amendment to the Merger Agreement provided by Section 1(e) above, Parent and Sub agree not to exercise any rights with respect to, and to waive any conditions contained in, Section 8.3(a) of the original Merger Agreement if the exercise of any rights with respect to, or the failure to waive any conditions contained in, such Section 8.3(a) would be inconsistent with such Section as amended by the amendment contemplated by Section 1(e) above.
Abeyance. Except where time limits are extended by written agreement between the parties, the grievance procedure must be followed strictly according to the applicable time limits. If the Employer does not respond within a time limit, the grievance shall advance to the next step in the procedure. Email request and reply within the time limits will serve to meet the requirement of written agreement. Where time limits are extended, a grievance is considered in abeyance.
Abeyance. The FHWA will hold in abeyance conducting a formal investigation regarding the complaint filed in the matter (described above) during the performance of this Agreement. At any time, should CDOT not perform, or ensure performance, under this Agreement, FHWA will notify CDOT as stated in section VIII above. Should CDOT fail to remedy the noncompliance issue within 30 days of notification, FHWA may continue conducting a formal investigation regarding the issue and take such other actions as necessary to ensure CDOT’s compliance with Title VI. XXXX XXXXXX XXXXX
Abeyance. Abeyance is a temporary suspension of PASSE services to a PASSE Member by DHS, due to:
a) A temporary loss of Medicaid eligibility;
b) Placement in a setting excluded from the PASSE; or
c) Loss of contact with the PASSE Member or guardian for more than forty-five (45) days. The PASSE will notify DHS within three (3) business days after placement in a setting excluded from the PASSE or Loss of contact with the PASSE Member or guardian for more than forty-five
Abeyance. Each holder of Registrable Securities agrees by acquisition of such Registrable Securities that upon receipt of any notice from the Company of the happening of any event of the kind described in Section 2.4(a)(vii), such holder will immediately discontinue such holder's disposition of Registrable Securities pursuant to the registration statement relating to such Registrable Securities until such holder's receipt of the copies of the supplemented or amended prospectus contemplated by Section 2.4(a)(vii) and, if so directed by the Company, will deliver to the Company (at the Company's expense) all copies, other than permanent file copies, then in such holder's possession of the prospectus relating to such Registrable Securities current at the time of receipt of such notice. In the event the Company shall give any such notice, the 135-day period referred to in Section 2.4(a)(ii) shall be extended by the length of the period from and including the date when each holder of Registrable Securities covered by such registration statement has received such notice to the date on which each such holder shall have received the copies of the supplemented or amended prospectus contemplated by Section 2.4(a)(vii).
Abeyance. Due to unforeseen difficulties or circumstances both sides may agree in writing to a temporary hold or abeyance during the grievance process.
Abeyance. Should the Association make a request that the grievance be placed in abeyance for any reason, and should there be mutual agreement to place the grievance in abeyance, the period of abeyance shall not exceed 90 calendar days. The Association further agrees that grievances placed in abeyance shall have the time limits tolled during this period. Failure by the Association to reactivate the grievance within the 90 calendar day time limit following the request that it be held in abeyance will render the grievance ineligible for arbitration and the last preceding University written answer shall become final and binding.
