Application of Provisions. Any and all adjustments to the Non-Contributing Member’s Percentage Interest shall be rounded to the nearest .01% and (except as provided otherwise in the first paragraph of Section 3.03(b)) the Contributing Member shall not succeed to all or any portion of the Capital Account or Unrecovered Contribution Account of the Non-Contributing Member as the result of any such adjustment. In addition, notwithstanding any provision contained in this Article 3, the Non-Contributing Member’s Percentage Interests shall in no event be reduced below .01% by operation of Section 3.03(d). As a result of any contribution to the capital of the Company pursuant to this Section 3.03, the Contributing Member shall have the right, but not the obligation, to cause the Capital Accounts of the Members to be booked-up or booked-down in accordance with the provisions of Treasury Regulation Section l.704-l(b)(2)(iv)(f) to reflect the fair market value of the Company’s assets (as reasonably determined by the Contributing Member) at the time of such contribution.
Application of Provisions a. This provision shall apply to leaves in all cases where a teacher is unable to teach because of a disability substantial in nature or duration, including major surgery, pregnancy, childbirth, illness, or injury.
b. In case of a temporary disability caused by pregnancy, said teacher is entitled to a leave of absence any time between the commencement of her pregnancy and one (1) year following birth of the child, provided said teacher submits with the timely notice as provided herein, a physician’s statement certifying her pregnancy or a copy of the birth certificate of the newborn, whichever is applicable. If said teacher elects to utilize her sick leave under the provisions of paragraph 3 (b) herein, and said sick leave is exhausted during her temporary disability caused by pregnancy, said teacher may be absent without pay subject to all other provisions contained herein.
Application of Provisions a. This provision shall apply to leave in all cases where a teacher is unable to teach because of a disability substantial in nature or duration, including major surgery, pregnancy, childbirth, illness, or injury.
b. In case of a temporary disability cause by pregnancy, said teacher is entitled to a leave of absence any time between the commencement of her pregnancy and one (1) year following the birth of the child, provided said teacher submits with the timely notice, as provided herein, a physician's statement certifying her pregnancy, or a copy of the birth certificate of the newborn, whichever is applicable. If said teacher elects to utilize her personal illness leave under the provision of Paragraph 3
Application of Provisions. The provisions of this County Regulatory Agreement apply to the Property for the entire Term even if the Combined County Loan is paid in full prior to the end of the Term. This County Regulatory Agreement binds any successor, heir or assign of Borrower, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the County. The County is making the Combined County Loan on the condition, and in consideration of, this provision, and would not do so otherwise.
Application of Provisions. Notwithstanding anything in this Agreement to the contrary, no Bank shall demand compensation for any reduction referred to in Sections 3.01, 3.02, 3.03 or 3.07 hereof if it shall not at the time be the general policy or practice of such Bank to demand such compensation, payment or reimbursement in similar circumstances under comparable provisions of other credit agreements.
Application of Provisions. Continuing probationary employees shall be covered by the provisions of this Agreement except as specifically indicated otherwise in an Article(s) of this Agreement.
Application of Provisions. In each case, any Sale Shares not purchased by the proposed transferee in accordance with Section 4(c) hereof may not be sold or otherwise disposed of until they are again offered to the Corporation and the Investor Stockholders under the procedures specified in Sections 4(a), (b) and (c) hereof.
Application of Provisions. A. MANAGEMENT agrees that the provisions of this Agreement shall apply to and inure to the benefit of all ARTISTS engaged by MANAGEMENT or by an affiliate, subsidiary or the like of MANAGEMENT directly or indirectly, or through agents or independent contractors, notwithstanding anything herein to the contrary. Whenever there shall be used in this Agreement any phrase of a more restricted meaning, such as, for example, “ARTISTS employed by MANAGEMENT” such phrase shall be deemed to mean “all ARTISTS engaged by MANAGEMENT, or by an affiliate or subsidiary of MANAGEMENT directly or indirectly, or through agents, or independent contractors.”
B. MANAGEMENT agrees that the terms of this Agreement apply only to rehearsals and performances in the U.S. and Canada and their dependencies or possessions. AGMA and MANAGEMENT agree to negotiate terms and conditions, including all terms of engagement, rehearsal, travel and performance, as a condition for granting approval to MANAGEMENT to take ARTISTS for an engagement or series of engagements on tour outside of the U.S. or Canada.
Application of Provisions. 18 Continuing probationary and initial probationary employees shall be covered by the 19 provisions of this Agreement except as specifically indicated otherwise in an Article(s) 20 of this Agreement.
Application of Provisions. The Members acknowledge and agree that if either Member has timely and validly delivered an Election Notice to the other Member and initiated the buy/sell procedures set forth in this Article VIII, then such other Member shall be precluded from delivering an Election Notice unless such buy/sell procedure has been terminated. ARTICLE IX REPRESENTATIONS,
