Conditional Discharge Sample Clauses

Conditional Discharge. Any release, discharge or settlement under this Deed shall be conditional upon no payment or discharge in respect of the Secured Obligations by the Chargor or any other person being avoided, reduced or repaid for any reason and the Lender shall be entitled to enforce this Deed if such condition is not fulfilled as if such release, discharge or settlement had not occurred.
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Conditional Discharge. Any settlement or discharge between any of the Unsecured Guarantors and the Arranger, the Agent, the Lenders or any of them shall be conditional upon no security or payment to the Arranger, the Agent and the Lenders or any of them by any Obligor or the relevant Unsecured Guarantor or any other person being avoided or set aside or ordered to be refunded or reduced by or pursuant to any applicable law or regulation and, if such condition is not satisfied, the Arranger, the Agent and the Lenders shall each be entitled to recover from the relevant Unsecured Guarantor on demand the value of any such security or the amount of any such payment as if such settlement or discharge had not occurred.
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Conditional Discharge. 5.1 Any release, discharge or settlement between the Guarantor and the Payee in relation to this deed shall be conditional on no right, security, disposition or payment to the Payee by the Guarantor, the Payer or any other person being avoided, set aside or ordered to be refunded pursuant to any enactment or law relating to breach of duty by any person, bankruptcy, liquidation, administration, protection from creditors generally or insolvency or for any other reason. 5.2 If any such right, security, disposition or payment is avoided, set aside or ordered to be refunded, the Payee shall be entitled subsequently to enforce this deed against the Guarantor as if such release, discharge or settlement had not occurred and any such security, disposition or payment had not been made.
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Conditional Discharge. 7.1 Any release, discharge or settlement between the Guarantor and the Council in relation to this guarantee shall be conditional on no right, security, disposition or payment to the Council by the Guarantor, the Service Provider or any other person being avoided, set aside or ordered to be refunded pursuant to any enactment or law relating to breach of duty by any person, bankruptcy, liquidation, administration, protection from creditors generally or insolvency for any other reason. 7.2 If any such right, security, disposition or payment as referred to in clause 7.1 (Conditional discharge) is avoided, set aside or ordered to be refunded, the Council shall be entitled subsequently to enforce this guarantee against the Guarantor as if such release, discharge or settlement had not occurred and any such security, disposition or payment has not been made.
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Conditional Discharge. 18.1 The Pledgors hereby agrees that: (a) no assurance, security or payment which may be avoided under any of the provisions of the Bankruptcy Axx 0000 for the time being in force or under any law relating to the winding-up of companies and no release settlement or discharge which may have been given on the faith of any such assurance, security or payment shall prejudice or affect the Pledgee’s right to recover from the Pledgors to the full extent of this Memorandum as if such assurance security payment release settlement or discharge (as the case may be) had never been granted, given or made; and (b) no release settlement or discharge of this Memorandum which may have been given by reason of the Pledgee’s mistake or error (whether such mistake or error is made by the Pledgee’s staff or computer through the Pledgee’s negligence or otherwise) shall have any effect and this Memorandum shall continue to remain in full force and effect and the Pledgors shall do all such acts matters things as the Pledgee shall require to rectify such mistake or error including but not limited to the return and/or re-transfer of the Collateral concerned to the Pledgee.
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Conditional Discharge. 30.1 Any release, settlement or discharge between the Chargee and the Chargor shall be conditional upon no security, disposition or payment to the Chargee by the Chargor or any other person in respect of the Secured Obligations being avoided, set aside, reduced or ordered to be refunded by virtue of any statutory provision relating to insolvency or liquidation or for any reason whatsoever. 30.2 If any such release, settlement or discharge is reasonably considered by the Chargee to be capable of being avoided, set aside, reduced or ordered to be refunded, the liability of the Chargor under this Deed shall continue or be reinstated and the Chargee shall be entitled to recover the value or amount of any such security, disposition or payment from the Chargor as if the release, settlement or discharge had not occurred.
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Conditional Discharge. 5.1. Any release, discharge or settlement between the Guarantor and CCDG in relation to this Deed shall be conditional on no right, security, disposition or payment to CCDG by the Guarantor, the Supplier or any other person being avoided, set aside or ordered to be refunded pursuant to any enactment or law relating to breach of duty by any person, bankruptcy, liquidation, administration, protection from creditors generally or insolvency or for any other reason. 5.2. If any such right, security, disposition or payment is avoided, set aside or ordered to be refunded, CCDG shall be entitled subsequently to enforce this Deed against the Guarantor as if such release, discharge or settlement had not occurred and any such security, disposition or payment had not been made.
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Conditional Discharge. Any release, discharge or settlement between the Guarantor and the Authority in relation to this Deed shall be conditional on no right, security, disposition or payment to the Authority by the Guarantor, the Supplier or any other person being avoided, set aside or ordered to be refunded pursuant to any enactment or law relating to breach of duty by any person, bankruptcy, liquidation, administration, protection from creditors generally or insolvency for any other reason. If any such right, security, disposition or payment as referred to in Clause 6.1 is avoided, set aside or ordered to be refunded, the Authority shall be entitled subsequently to enforce this Deed against the Guarantor as if such release, discharge or settlement had not occurred and any such security, disposition or payment has not been made.
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Conditional Discharge. Any such discharge or release referred to in Clause 5.8 (No Discharge) above, and any composition or arrangement which the Borrower may effect with the Issuing Bank, the Facility Agent or any Lender shall be deemed to be made subject to the condition that it will be void if any payment or security which the Issuing Bank, the Facility Agent or such Lender may previously have received or may thereafter receive under this Agreement, any Security Document or the Guarantee, is void, voidable or set aside for any reason whatsoever under any law (including, without limitation, under any law relating to preferences, bankruptcy, insolvency, liquidation, administration, judicial management or winding up) or proves to have been for any reason invalid.
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Related to Conditional Discharge

  • DISCIPLINE/DISCHARGE 25.01 A Shop Xxxxxxx, or in the absence of a Shop Xxxxxxx, another employee in the bargaining unit selected by the employee affected, and in the event the member is a Shop Xxxxxxx, another Shop Xxxxxxx or an official full-time Union Representative, shall be present from the beginning of the meeting when a member of the bargaining unit: a) is given a reprimand which is to be entered on the employee’s personnel file; b) is suspended or discharged. In unusual circumstances, where it is necessary for the Employer to advise an employee by mail of discharge, the Union office will be mailed a copy of such notice. Absence of a Shop Xxxxxxx or Assistant Shop Xxxxxxx or another employee shall not invalidate the discipline, except in exceptional circumstances. 25.02 The affected employee, a Shop Xxxxxxx and the Union, shall be given a copy of any disciplinary notice which is to be entered on an employee's personnel file. The affected employee, the Shop Xxxxxxx, and the Union shall also be given a copy of any discharge notice that is given to an employee. In all cases of discipline or discharge the Employer shall notify the affected employee, and a Shop Xxxxxxx and the Union in writing of the reasons for taking such action. The notice of discipline or discharge shall be given to the affected employee and a Shop Xxxxxxx promptly and a copy of the discipline or discharge notice shall be forwarded to the Union office via fax within two (2) business days (excluding Saturday and Sunday and General Holidays) of the event. 25.03 Employees covered by this Agreement shall have access to their own personnel file, upon written request by the employee involved. Employees shall be able to obtain copies of their personnel file when requested, at the employee's expense. The Employer shall keep only one (1) personnel file per employee. (a) Employee’s written corrective action documentation(s) other than suspension will be taken from an employee’s file after fifteen (15) months should no similar offence have occurred during said period. (b) Employee’s suspension documentation(s) will be taken from an employee’s file after thirty (30) months should no similar offence have occurred during said period. (c) All documentation(s) including corrective action and suspension relating to incident(s) and/or complaint(s) of discrimination or harassment nature shall remain in an employee’s file.

  • DISCIPLINE AND DISCHARGE (a) The Employer may discharge, suspend, demote or otherwise discipline Employees who have successfully completed their probationary period for just cause. i) The Employer may discharge, suspend, demote or otherwise discipline Employees who have not successfully completed their probationary period for any reason satisfactory to the Employer. ii) The discharge, suspension, demotion or other disciplining of a probationary Employee shall not be considered a difference arising between the probationary Employee and the Employer or between the Parties and cannot be the subject matter of a grievance or referred to arbitration. 8.02 The Employer agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discipline, discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her or his probationary period, without just cause. 8.03 A copy of any completed evaluation which is to be placed in an Employee's file shall be first reviewed with the Employee. The Employee shall initial such evaluation as having been read and shall have the opportunity to add her or his views to such evaluation prior to it being placed in her or his file. Each Employee shall have reasonable access to all her or his files for the purpose of reviewing their contents in the presence of her or his supervisor. A copy of the evaluation will be provided to the Employee at her or his request. A request by an Employee for a copy of other documents in her or his file will not be unreasonably denied. No document shall be used against an Employee where it has not been brought to her or his attention in a timely manner. 8.04 At the time formal discipline is imposed, an Employee is entitled to be represented by her or his Union representative. In the case of suspension or discharge, the Employer shall notify the Employee of this right in advance. The Employer also agrees, as a good labour relations practice, in most circumstances it will also notify the local Union. The Employer agrees that where an Employee is required to attend a meeting with the Employer that may lead to disciplinary action, as a good labour relations practice, it will inform the Employee of the purpose of the meeting and her or his right to Union representation. All investigations related to an Employee’s employment will be completed in a timely manner. 8.05 Any letter of reprimand, suspension or other sanction will be removed from the record of an Employee fifteen (15) months following the receipt of such letter, suspension or other sanction provided that such Employee has not incurred any further discipline during that period.

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