Change in law If, by reason of the introduction of any law, or any change in any law, or the interpretation or administration of any law, or in compliance with any request or requirement from any central bank or any fiscal, monetary or other authority:-
15.6.1 any Finance Party (or the holding company of any Finance Party) shall be subject to any Tax with respect to payments of all or any part of the Indebtedness; or
15.6.2 the basis of Taxation of payments to any Finance Party in respect of all or any part of the Indebtedness shall be changed; or
15.6.3 any reserve requirements shall be imposed, modified or deemed applicable against assets held by or deposits in or for the account of or loans by any branch of any Finance Party or its direct or indirect holding company; or
15.6.4 any ratio (whether cash, capital adequacy, liquidity or otherwise) which any Finance Party or its direct or indirect holding company is required or requested to maintain shall be affected; or
15.6.5 there is imposed on any Finance Party (or on the direct or indirect holding company of any Finance Party) any other condition in relation to the Indebtedness or the Security Documents; and the result of any of the above shall be to increase the cost to any Bank (or to the direct or indirect holding company of any Bank) of that Bank making or maintaining its Commitment or its Drawing, or to cause any Finance Party to suffer (in its reasonable opinion) a material reduction in the rate of return on its overall capital below the level which it reasonably anticipated at the date of this Agreement and which it would have been able to achieve but for its entering into this Agreement and/or performing its obligations under this Agreement, the Finance Party affected shall notify the Agent and, on demand to the Borrowers by the Agent, the Borrowers shall from time to time pay to the Agent for the account of the Finance Party affected the amount which shall compensate that Finance Party or the Agent (or the relevant holding company) for such additional cost or reduced return. A certificate signed by an authorised signatory of the Agent or of the Finance Party affected setting out the amount of that payment and the basis of its calculation shall be submitted to the Borrowers and shall be conclusive evidence of such amount save for manifest error or on any question of law.
Change in. Control occurs if any of the following events occurs during the Term of this Agreement:
(1) The Company is merged, consolidated or reorganized into or with another corporation or other legal person, and as a result of the merger, consolidation or reorganization less than 55% of the combined voting power of the then-outstanding Voting Stock of the other corporation or person immediately after the transaction is held in the aggregate by the holders of Voting Stock of the Company immediately prior to the transaction;
(2) The Company sells or otherwise transfers all or substantially all of its assets to another corporation or other legal person, and as a result of the sale or transfer less than 55% of the combined voting power of the then-outstanding Voting Stock of the acquiring corporation or person immediately after the sale or transfer is held in the aggregate (directly or through ownership of Voting Stock of the Company or a Subsidiary) by the holders of Voting Stock of the Company immediately prior to the sale or transfer;
(3) A report is filed on Schedule 13D or Schedule 14D-1 (or any successor schedule, form or report) under the Exchange Act disclosing that any person (as the term “person” is used in Section 13(d)(3) or Section 14(d)(2) of the Exchange Act) has become the beneficial owner (as the term “beneficial owner” is defined under Rule 13d-3 or any successor rule or regulation promulgated under the Exchange Act) of securities representing 20% or more of the combined voting power of the then-outstanding Voting Stock of the Company. However, unless other-wise determined by majority vote of the Board, a Change-in-Control does not occur solely because
(A) the Company, (B) a Subsidiary, or (C) any Company-sponsored employee stock ownership plan or any other employee benefit plan of the Company or a Subsidiary either files or becomes obligated to file a report or a proxy statement under or in response to Schedule 13D or Schedule 14D-l disclosing beneficial ownership by it of shares of Voting Stock, whether in excess of 20% or otherwise;
(4) During a period of two consecutive years, individuals who at the beginning of the period constitute the Directors of the Company cease for any reason to constitute at least a majority of the Directors of the Company. However, for purposes of this clause, each Director who is first elected, or first nominated for election by the Company’s stockholders, by a vote of at least two-thirds of the Directors of the Company ...
Change in. CLASSIFICATION All positions to be reclassified shall be reclassified in accordance with the Joint Gender Neutral Job Evaluation Maintenance Agreement.
Change in. L.A.W........................1.0.3.....
Change in. Shareholding You shall not without first obtaining the prior written consent of the Bank, allow any change in its existing shareholders or their respective shareholdings, failing, which the Bank may declare the banking facilities to be canceled and all indebtedness to be immediately due and payable.
Change in. It is agreed that the Material Handler position will be paid at the General Clerk rate as outlined in Agreement of February The above change in salary structure will apply. This agreement made and entered into this 17th day of September General Chairman Vice President Human Resources Central Railway Inc. LETTER BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES and INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS. The Company will allow the use by members of of the bunk house at Hawk Junction to the extent rooms are available after providing for engineers and conductors. The Company agrees in principle to provide transportation from the headquarters location to the work site and back, the details of which will be developed in the consultative process. Any existing bunk houses used by the members of the or will be retained in service subject to the same conditions as currently exist. This agreement made and entered into this day of September1 General Chairman Local Chairman Vice President Human Resources Central Railway Inc. LETTER BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES and INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS This has reference to discussions between the parties during the current round of negotiations in connection with the travel arrangements for members of the employed on seasonal production gangs. It is agreed that such employees will be paid the applicable mileage rate at gang start up, from Steelton to the location of accommodation to be used. Mileage rates will also apply each time the gang is moved from one location to another and on gang wind-up for travel back to Steelton. It is further agreed and understood that the gangs' time will start and end at the designated accommodation location. This agreement does not preclude other employees from claiming the mileage allowance under the provisions of Article of the collective agreement. This agreement made and entered into this day of September General Chairman Local Chairman Vice President Human Resources Central Railway Inc. LETTER This has reference to discussions between the parties during the current round of negotiations in connection with members being set up as supervisors and maintaining their seniority standing within the ranks of the It was agreed that such employees will have Union dues deducted from their pay cheques in an amount equal to that paid by represented employees, in order to maintain a seniority standing on the lists they are currently listed...
Change in. Household Size
(a) The number of persons in a member's household may change. The member must give prompt written notice of any such change to the co-op office. If the household size has changed, the notice must give the names of the persons joining or leaving the household. Members must agree to a credit check of any new person in their household. The new person must sign a consent if the co-op asks for it. Members and any new persons must also give the co-op any other reasonable information which the co-op asks for. Members must give the notice, consent and other information promptly.
(b) The maximum number of persons who can live in each unit type is as per the current municipal standards.
(c) The minimum number of persons who can live in each unit type is: $ one-bedroom 1 person $ two-bedroom 1 person $ three-bedroom 2 persons $ four-bedroom 3 persons. These are the "Minimum Occupancy Standards".
(d) If a member's household does not meet these standards, the board will normally require the household to move to a unit of the proper size. If the co-op has an available unit of the proper size, the board will put the member at the top of the internal waiting list for that type of unit. The member may refuse a maximum of two units offered. However, the board can decide not to require the household to move if: $ the situation is temporary, or $ the board decides that there are special circumstances that justify letting the household stay in the unit.
(e) If the board is going to consider a resolution to require the member to move, it must give the member a minimum of ten days written notice of the meeting at which the board will discuss/decide the matter.
(f) The member can attend and speak at the board meeting, or have a representative speak. The representative can be a lawyer or another person. The board must deliver its decision in writing to the member. The member cannot appeal the board=s decision.
(g) The board can evict the member if: $ the member does not accept any of the units offered, or $ the board decides not to put the member on the internal waiting list because the size of the household is greater than the co-op=s ability to house it. The board must use the procedures stated in Article 9 of this By-law. However, the board can decide not to evict the member if: $ the situation is temporary, or $ the board decides that there are special circumstances that justify letting the household remain in the unit.
(h) If the board decides to evict the memb...
Change in. PLAN ASSETS (6,201) ------- $50,198 ======= (34,747) -------- $ 16,838 ======== (135) ------- $ 2,218 ======= (186) ------- $ 2,878 ======= Fair value of plan assets at beginning of year...... $46,438 $ 42,742 $ -- $ -- Actual return on plan assets........................ 2,766 735 -- -- Employer contribution............................... 60 1,357 135 186 Plan expenses paid.................................. Fair value of plan assets at end of year............ (322) ------- $42,741 ======= (132) -------- $ 9,955 ======== -- ------- $ -- ======= -- ------- $ -- ======= Funded status........................................... $(7,457) $ (6,883) $(2,218) $(2,878) Unrecognized net transition obligation.............. 343 301 551 511 Unrecognized prior service cost..................... 2,434 2,235 -- -- Unrecognized net actuarial loss..................... 245 191 464 895 Adjustment for minimum liability.................... Accrued benefit cost................................ Weighted-average assumptions: (3,024) ------- $(7,459) ======= (2,730) -------- $ (6,886) ======== -- ------- $(1,203) ======= -- ------- $(1,472) ======= PENSION BENEFITS OTHER BENEFITS 1997 1998 1999 1997 1998 1999 COMPONENTS OF NET PERIODIC BENEFIT COST Service cost...................................... $ 1,705 $ 569 $ 495 $249 $245 $236 Interest cost..................................... 3,834 3,783 1,431 179 173 156 Actual return on assets........................... (6,191) (2,766) (735) -- -- -- Amortization of prior service cost................ 242 201 233 -- -- -- Recognized net actuarial (gain) loss.............. 2,521 (905) (347) 138 114 63 Net periodic benefit cost......................... $ 2,111 $ 882 $1,077 $566 $532 $455 ======= ======= ====== ==== ==== ====
Change in. CLASSIFICATION New Lease If at any time the lessee and the lessor agree to change the provisions of the lease, other than by renewing the lease, in a manner that would have resulted in a different classification of the lease, if the changed terms had been in effect at the inception of the lease, the revised agreement is regarded as a new agreement over its term. Changes in estimates However, changes in estimates (for example, changes in estimates of the economic life or of the residual value of the leased property), or changes in circumstances (for example default by the lessee), do not give rise to a new classification of a lease for accounting purposes. LEASE OF LAND AND BUILDING Consider separately The land and building elements of a lease of land and building are considered separately for a purpose of lease classification. If title to both elements is expected to pass to the lessee by the end of the lease term both elements are classified as a finance leases. When the land has indefinite economic life The land element is normally classified as an operating lease unless title is expected to pass to the lessee by the end of the lease term. The building element is classified as a finance or operating lease, as the case may be. Allocation of MLP The MLP are allocated between the land and the buildings elements in proportion to the relative fair value of the leasehold interest. If MLP cannot be allocated If the MLP cannot be allocated reliably, the entire lease is classified as a finance lease, unless it is clear that both elements are operating lease, in which case the entire lease is classified as an operating lease. If land element is immaterial The land and buildings may be treated as a single unit. In such a case, the economic life of the buildings is regarded as the economic life of the entire leased asset. You are required to advise regarding classification of these leases:
Change in. Where a same Day assignment becomes an overnight stay the terms of Article apply. Clarification for what constitutes an overnight stay for those Employees who regularly work a night shift can be found in article
