Closed Stores. The Acquired Stores set forth on Section 5.1(iii) of the Company Disclosure Schedules may, at Seller’s election, be closed down prior to the Closing. If any such Acquired Store is closed, the Purchase Price shall be reduced as set forth on Section 2.2 of the Company Disclosure Schedules (and the amounts payable pursuant to Section 2.7 shall be reduced accordingly).
Closed Stores. In the event o f the closing of the only store in a city, employees of this store will have the right to exercise their seniority first in the administrative zone, then in the local area, for “ full-time” or “ part-time” jobs of the least senior employees in the classification and seniority status. Employ ees declining to so relocate will be con sidered to have relinquished their seniority. In event of a store closing there will be an xxxxxxx effort to relocate displaced de partment heads in similar classifications. If this cannot be done, such employees will be considered for the purpose of seniority as top rated clerks and able to exercise their seniority as in II, 1. A, B, C, or D, above. Military Leave Returnees An employee returning from military leave 45 of absence will have the opportunity to exercise his seniority within classification in the city from which he went into military service. If he is not entitled to return to this city, because his seniority within his classification will not permit, then he may exercise his seniority for the job of the least senior employee within his classifica tion and seniority status first in the admin istrative zone and then in the Local area. Within thirty (30) days after execution of this Agreement, the Employer will transfer full-time clerks who are normally working less than forty (40) hours per week to other stores in the same city based on sen iority so that the most senior employee will go to the store where the most hours per week are available in his classification, con sidering his seniority, the second most sen ior employee where the next most hours are available, considering his seniority, etc. It is understood that no employee will be required to accept this transfer. December 15, 1966 Xx. Xxxxxxx XxXxxxxxxx Retail Clerks International Association Local No. 1059 000 Xxxxx Xxxx Xxxxxx Xxxxxxxx, Xxxx 00000 Dear Mac: Following is a copy of the Kroger definition of a “ regular employee” as of October 30, 1966:
Closed Stores. 1. In the event of the closing of the only store in a city, employees of this store will have the right to exercise their seniority first in the administrative zone, then in the local area, for “full-time” or “part-time” jobs of the least senior employees in the classification and seniority status. Employ ees declining to so relocate will be con sidered to have relinquished their seniority.
Closed Stores. If the Affected Store is listed on the Store Schedule under the caption "Closed Stores Schedule, Seller shall, subject to the provisions of this Section 6.17.2 regarding dispute resolution, upon written notice thereof furnished to Seller by Buyer at any time or from time to time within two years following any such cessation of operations, vacation or transfer of such Affected Store pursuant to such agreement or order, promptly pay to Buyer an amount (in aggregate) that constitutes 50% of Buyer's Closed Store Damages with respect to such cessation, vacation or transfer, but in no event more than $250,000. "Buyer's Closed Store Damages shall mean the present value (applying a discount rate of 9%) of all actual Losses that are incurred by Buyer as a result of such cessation, vacation or transfer, after netting out from such amount the present value (applying a discount rate of 9%) of all actual Losses that Buyer reasonably would have been expected to incur if such store had been voluntarily closed by Buyer in the ordinary course of business. If the parties fail to agree upon the amount payable from Seller to Buyer in the event of an occurrence subject to this Section 6.17.2, the parties shall first use commercially reasonable efforts to resolve such disagreement among themselves. If such disagreement shall not have been resolved within 30 days following delivery of a notice by Buyer to Seller referred to in the first sentence of this Section 6.17.2, the dispute shall be submitted to Alternative Accountants for resolution within 30 calendar days after submission. The determination of the Alternative Accountants as to the resolution of any dispute shall be binding and conclusive upon all parties hereto. All determinations pursuant to this Section 6.17 shall be in writing and shall be delivered to the parties hereto. Any award made pursuant to this Section 6.17 may be entered in and enforced by any court referred to in Section 11.1 hereof and the parties hereby consent and submit themselves to the jurisdiction of any such court for purposes of the enforcement of any such award. Buyer agrees to keep Seller generally apprised of the status of any written inquiry, investigation or complaint by any Governmental Authority that may result in an event to which this Section 6.17 would apply. Buyer and Seller agree that the provisions of this Section 6.17 constitute a material inducement upon which each is relying and will rely in entering into this Agreement and any oth...
Closed Stores. The Agreement shall be amended to provide that: (a) the Agent, as the agent of the Merchant, may conduct "going out of business" "store closing" or similar theme sales at the Closed Stores, in addition to the Stores in accordance with the Sale Guidelines, during the period beginning on Saturday, January 5, 2002 and ending on the Sale Termination Date; and (b) except as otherwise provided in this Amendment, the rights granted to Agent in connection with the conduct of the Sale, as set forth in Section 7.1, shall extend to the Closed Stores. Agent shall provide Merchant with at least ten (10) days prior written notice before accelerating the Sale Termination Date with respect to a Closed Store to a date prior to March 31, 2002.
