Cases. There shall occur any of the following in the Cases:
(a) the bringing of a motion or taking of any action by any of the Debtors or any Subsidiary, or any person claiming to act by or through any Debtor or any Subsidiary (i) to grant any Lien other than Liens permitted pursuant to Section 6.06 or the Orders upon or affecting any DIP Collateral or (ii) to use cash collateral of the Agents and the other Secured Parties under Section 363(c) of the Bankruptcy Code without the prior written consent of the Required Financing Commitment Parties, except as provided in the Interim Order or Final Order;
(b) the entry of an order in any of the Cases confirming a Reorganization Plan that is not an Acceptable Plan;
(c) (A) the entry of an order amending, supplementing, staying, vacating or otherwise modifying the Interim Order or the Final Order in any material respect without the written consent of the Required Financing Commitment Parties, the filing of a motion by a Loan Party or any Subsidiary thereof for reconsideration with respect to the Interim Order or the Final Order, or the Interim Order or the Final Order shall otherwise not be in full force and effect or (B) any Debtor or any Subsidiary shall fail to comply with the Orders in any material respect;
(d) the allowance of any claim or claims under Section 506(c) of the Bankruptcy Code or otherwise against any Agent, any Lender, any other Secured Party or any of the DIP Collateral;
(e) the appointment of a trustee, receiver or an examiner (other than a fee examiner) in the Cases with expanded powers to operate or manage the financial affairs, the business, or reorganization of the Debtors;
(f) the dismissal of any Case, or the conversion of any Case from one under Chapter 11 to one under Chapter 7 of the Bankruptcy Code, or any Debtor shall file a motion or other pleading seeking the dismissal of the Case under Section 1112 of the Bankruptcy Code or otherwise;
(g) any Debtor shall file a motion seeking, or the Bankruptcy Court shall enter an order granting, relief from or modification of the Automatic Stay (i) to allow any creditor (other than the Agents) to execute upon or enforce a Lien on any DIP Collateral with a value in excess of $2,500,000, (ii) except as set forth in the RSA, approving any settlement or other stipulation not approved by the Required Financing Commitment Parties (which approval shall not be unreasonably withheld) with any secured creditor of any Debtor providing for payments as adequate p...
Cases. The Cases of any of the Debtors shall not have been dismissed or converted to cases under chapter 7 of the Bankruptcy Code.
Cases. ● Each student will be issued a protective case for his/her Chromebook that must be kept on the Chromebook at all times. ● Although the cases help protect the Chromebooks, they are not guaranteed to prevent damage. It remains the student’s responsibility to care for and protect his/her device.
Cases. Dear President Xxxxxx:
Cases. Each student that is part of our take home program will be issued a protective case for the device that should be used whenever the device is being transported or not in use. No items other than the device and charger should occupy the case. Although the cases are reinforced to help protect the device, they are not guaranteed to prevent damage. It remains the student's responsibility to care for and protect his/her device. Always transport device with care and in its protective case. Failure to do so may result in severe damage such as shattered screens. Never lift Chromebooks/laptops by the screen. Never carry the device with the screen open where it can be scratched or damaged. If stacked with books, the devices and case should be on the top with no weight applied. Optionally, a shoulder strap can be used to carry the case/device. Screens can be damaged if subjected to heavy objects, rough treatment, some cleaning solvents, and other liquids. The screens are particularly sensitive to damage from excessive pressure. Do not put pressure on the top of a device when it is closed. Do not store a device with the screen open. Do not place anything in the protective case that will press against the cover. Only clean the screen with a soft, dry microfiber cloth or anti-‐static cloth.
Cases. Each instance in which you contact Acumatica for Support Services shall be considered a “Case” and shall be assigned a unique Case number. You must have an active Support Subscription as provided in this Agreement to be eligible to register a Case with Acumatica and receive Support Services.
Cases. In the event of an employee who has attain- ed seniority being discharged from employmentand the employee feeling that an injustice has been done, the cause may be taken up as a grievance. All such cases shall be taken up within three working days and disposed of within seven work- ing days of the date the employee is notified of discharge, except where a case is taken to arbitra- tion. A claim by an employee who has attained seniority that has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged with the Personnel Manager within three working days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step No. will be omitted in such cases. Such special grievance may be settled by con- firming the Management’s action in dismissing the employee or by reinstating the employee in former position with full compensation for time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties. When an employee has been dismissed without notice, shall have the right to inter- view xxxxxxx and/or a member of the Union Grievance Committee for a reasonable period of time before the plant premises. The employee mentioned above shall be escorted out of the plant by xxxxxxx and personnel manager, or another management person. ARTICLE NO STRIKES NO LOCKOUTS In view of the orderly procedure established by this agreement for the settling of disputes and the handling of grievances, the Union agrees that, dur- ing the lifetime of this agreement, there will be no strike, slowdown or stoppage of work, either com- plete or partial, and the Company agrees that there will be no lock-out. The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, stoppage or slowdown, but a claim of discharge or treat- ment may be the subject of a grievance and dealt with as provided in Article above. Should the Union claim a cessation of work constitutes a lockout, it may take the matter up with the Company as provided in Step No. of Article The Union further agrees that it will not in- volve any employee of the Company, or the Com- pany itself, in any dispute which may arise between any other employer and the employees of such other employer. In the event of any such strikes, slowdown or stoppage of work, either complete or partial, the Union shall not be held responsibl...
Cases. In making a upon any grievance arising under the discharge of a seniority employee, the Board of Arbitration may the Board of Education's action in discharging the employee and thereby dismiss the grievance or may uphold the grievance by reinstating the with or without compensation for monies lost during the period of discharge or Board of Arbitration may substitute such other penalty for the discharge as just and reasonable in all circumstances. It is understood that should any of compensation be awarded to the such compensation shall be subject to deduction of all monies received by the during the period between the date of the discharge and the date of reinstatement.
Cases a) New employees hired shall be considered probationary until they have completed a period of fifty (50) days worked or four hundred (400) hours, whichever occurs first, after which time their seniority shall date back to the day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company. When an employee is laid off during their probationary period and is recalled within thirteen weeks, the days worked for purposes of the probationary period shall continue from the date of original hire. Recalls, after thirteen (I 3) weeks will be treated as new hires. A claim by any employee, who has completed probationary period, that he has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged with the Resources Manager within five (5) days after the employee ceases to work for the Company. All preliminary steps of the grievance procedure prior to Step will be omitted in such cases. Such special grievances may be settled by confirming the management’s action in discharging the employee or by reinstating the employee with full compensation for lost time or by any other which is just and equitable in the opinion of the conferring parties. For greater clarity, and without limiting other grounds for just cause, an arbitrator under this agreement shall always determine that an employee’s discharge is just and equitable where the arbitrator is satisfied the employee:
a) Has an of theft Company, its customers, or its employees Has committed on Company property an act of possessing, consuming, inhaling, or arranging for distribution an illegal substance under the Criminal Code or Controlled Substances Act or its regulations. In the event employee has been discharged, representative of the Company shall notify the Union within twenty-four (24...
