Consistent Application. The Employer agrees that management rights will not be exercised in a manner inconsistent with the express provisions of this Agreement.
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Credit Agreement or the other Loan Documents. In the event that any provision of this Agreement shall be inconsistent with any provision of the Credit Agreement, such provision of the Credit Agreement shall govern.
Consistent Application. This Agreement shall be applied equally to all employees in the bargaining unit without discrimination as defined by statute or executive order. The Council shall share equally with the Employer the responsibilities established by this Article.
Consistent Application. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation, age, disability, reliance on public assistance, or marital status.
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Financing Agreements. In the event that any provision of this Agreement shall be inconsistent with any provision of any other Financing Agreements, such provision of this Agreement shall govern.
Consistent Application. The College agrees that management rights will not be exercised in a manner inconsistent with the express provisions of this Collective Agreement.
Consistent Application. The VILLAGE agrees that rules, regulations, policies, practices and procedures of the Department and the VILLAGE which may result in suspension or discharge shall be equitably administered and enforced among employees in the bargaining unit.
Consistent Application. The rights and duties created by this Agreement shall, in all cases, be interpreted consistently with, and shall be in addition to (and not in lieu of), the rights and duties created by the Secured Promissory Note and the Intercreditor Agreements. In the event that any provision of this Agreement shall be inconsistent with any provision of the the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement, such provision of the First Lien Intercreditor Agreement or the Second Lien Intercreditor Agreement shall govern.
Consistent Application. The Employer shall not act in a manner inconsistent with the express provisions of this Agreement. The Employer shall exercise its rights in a reasonable manner.
Consistent Application. 13.6.1 The Obligors shall ensure that all financial information (including management's financial projections) delivered under this Agreement has been prepared using accounting bases, policies, practices and procedures consistent with the Accounting Policies and in accordance with GAAP consistently applied (unless otherwise specified in this Agreement).
13.6.2 The Borrower shall notify the Security Trustee of any change to the Accounting Policies or GAAP in a financial year (an "Accounting Standards Change") which changes in any material respect the basis and accounting policies in respect of the measurement or recognition criteria on which the financial statements of any Dignity Group company (including the Financial Statements) are prepared in such financial year as compared with the previous financial year.
13.6.3 In respect of any Accounting Standards Change, the Borrower shall notify the Security Trustee if such change is not to be taken into account when:
(a) deriving or calculating any of the ratios included in the Financial Covenant or the Restricted Payments Condition; or
(b) determining whether a liability constitutes Financial Indebtedness; or
(c) determining whether any other matter is permitted or restricted under this Agreement; or
(d) calculating, determining or deriving any other ratio, calculation or liability (or similar provision) under any Obligor Transaction Document or Non-Obligor Transaction Document (the "Transaction Documents"), (the "Impacted Ratios and Tests" and each an "Impacted Ratio and Test") (such notification, a "Change of Basis Election").
13.6.4 Where any definitions or clauses used in the Impacted Ratios and Tests refer to (x) using information contained in, or (y) calculations to be carried out on the basis of, the financial statements of any Dignity Group company, such references shall be to the financial statements as deemed to be interpreted in accordance with Clause 13.6.3.
13.6.5 In respect of the determination, derivation or calculation of any Accounting Standards Change which is not the subject of a Change of Basis Election and which results in or could reasonably be expected to:
(a) result in a deviation of equal to or greater than 3% of the result of such determination, derivation or calculation if such change had not occurred; or
(b) result in a deviation of equal to or greater than 5% of the result of such determination, derivation or calculation of such financial ratio if such change had not occurred, in ea...
