Consolidation Plan Sample Clauses

Consolidation Plan. The Sector’s ACE shall be harvested in accordance with the terms and conditions of this Section 7.
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Consolidation Plan. The Sector’s ACE shall be harvested in accordance with the terms 7 and conditions of this Section 7. 8 7.1. Harvest Share Reserve. Each Member acknowledges that under NMFS 12 and forfeitures related to the Sector’s ACE being overharvested. Each Member therefore authorizes the 13 Manager to annually establish a reserve of each Allocated Species in the amount the Manager deems 14 necessary to insure the Sector’s ACE is not over‐harvested (the “Reserve”). The Reserve for each 15 Allocated Species shall be established by assessing the Members’ Harvest Shares for such Allocated 16 Species on a pro rata basis, according to their Harvest Share percentages for each such species. The 17 amount of each Member’s Harvest Share available for harvest or transfer shall be net of the amount 18 assessed for the Reserve. The Reserve shall be managed under a “Deemed Value System” (“DVS”) by 19 the Manager in accordance with the terms and conditions adopted by the Board from time to time. If 20 the Board requires that Members pay for distributions from the Reserve, the DVS payments received by 21 the Sector shall be distributed to the Members after the close of fishing for the year on a pro rata basis, 22 such that each Member receives a share of the total amount paid for distributions of each Allocated 23 Species from the Reserve proportionate to the amount of such Allocated Species each Member
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Consolidation Plan. The Sector’s ACE shall be utilized in accordance with the terms 7 and conditions of this Section 7.
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Consolidation Plan. The Sector’s ACE shall be harvested in accordance with the terms 5 and conditions of this Section 7. 12 necessary to insure the Sector’s ACE is not over‐harvested (the “Reserve”). The Reserve for each 13 Allocated Species shall be established by assessing the Members’ Harvest Shares for such Allocated 14 Species on a pro rata basis, according to their Harvest Share percentages for each such species. The 15 amount of each Member’s Harvest Share available for harvest or transfer shall be net of the amount 16 assessed for the Reserve. The Reserve shall be managed under a “Deemed Value System” (“DVS”) by 17 the Manager in accordance with the terms and conditions adopted by the Board from time to time. If 18 the Board requires that Members pay for distributions from the Reserve, the DVS payments received by 19 the Sector shall be distributed to the Members after the close of fishing for the year on a pro rata basis, 20 such that each Member receives a share of the total amount paid for distributions of each Allocated 21 Species from the Reserve proportionate to the amount of such Allocated Species each Member
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Consolidation Plan. The Sector is being authorized as a lease only sector for FY 2018.
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Consolidation Plan. The Sector’s ACE shall be harvested in accordance with the terms 6 and conditions of this Section 7. 7 7.1. Harvest Share Reserve. Each Member acknowledges that under NMFS 16 amount of each Member’s Harvest Share available for harvest or transfer shall be net of the amount 17 assessed for the Reserve. The Reserve shall be managed under a “Deemed Value System” (“DVS”) by 18 the Manager in accordance with the terms and conditions adopted by the Board from time to time. If 19 the Board requires that Members pay for distributions from the Reserve, the DVS payments received by 20 the Sector shall be distributed to the Members after the close of fishing for the year on a pro rata basis, 21 such that each Member receives a share of the total amount paid for distributions of each Allocated 22 Species from the Reserve proportionate to the amount of such Allocated Species each Member
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Consolidation Plan 
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Related to Consolidation Plan

  • Merger and Consolidation (a) The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets, in one transaction or a series of related transactions, to any Person, unless: (1) the Issuer is the surviving Person or the resulting, surviving or transferee Person (the “Successor Company”) will be a Person organized or existing under the laws of the jurisdiction of the Issuer or the United States of America, any State of the United States or the District of Columbia or any territory thereof and the Successor Company (if not the Issuer) will expressly assume all the obligations of the Issuer under the Notes, this Indenture and the applicable Security Documents pursuant to supplemental indentures or other documents and instruments; (2) immediately after giving effect to such transaction (and treating any Indebtedness that becomes an obligation of the applicable Successor Company or any Subsidiary of the applicable Successor Company as a result of such transaction as having been incurred by the applicable Successor Company or such Subsidiary at the time of such transaction), no Event of Default shall have occurred and be continuing; (3) immediately after giving pro forma effect to such transaction, either (a) the applicable Successor Company or the Issuer would be able to incur at least an additional $1.00 of Indebtedness pursuant to Section 3.2(a) hereof or (b) the Consolidated Total Leverage Ratio of the Issuer and its Restricted Subsidiaries would not be higher than it was immediately prior to giving effect to such transaction; (4) the Issuer shall have delivered to the Trustee an Officer’s Certificate and an Opinion of Counsel, each stating that such consolidation, merger or transfer and such supplemental indenture (if any) comply with this Indenture and an Opinion of Counsel stating that such supplemental indenture (if any) is a legal and binding agreement enforceable against the Successor Company; provided that in giving an Opinion of Counsel, counsel may rely on an Officer’s Certificate as to any matters of fact, including as to satisfaction of clauses (2) and (3) above; and (5) to the extent any assets of the Person which is merged or consolidated with or into the Issuer are assets of the type which would constitute Collateral under the Security Documents, the Issuer or the Successor Company, as applicable, will take such action, if any, as may be reasonably necessary to cause such property and assets to be made subject to the Lien of the applicable Security Documents in the manner and to the extent required in this Indenture or the applicable Security Documents and shall take all reasonably necessary action so that such Lien is perfected to the extent required by the applicable Security Documents. (b) [Reserved]. (c) The Successor Company will succeed to, and be substituted for, and may exercise every right and power of, the Issuer under the Notes and this Indenture, and the Issuer will automatically and unconditionally be released and discharged from its obligations under the Notes and this Indenture (except in the case of a lease). (d) Notwithstanding any other provisions of this Section 4.1, (i) the Issuer may consolidate or otherwise combine with, merge into or transfer all or part of its properties and assets to a Guarantor, (ii) the Issuer may consolidate or otherwise combine with or merge into an Affiliate incorporated or organized for the purpose of changing the legal domicile of the Issuer, reincorporating the Issuer in another jurisdiction, or changing the legal form of the Issuer, (iii) any Restricted Subsidiary may consolidate or otherwise combine with, merge into or transfer all or part of its properties and assets to the Issuer or a Guarantor, (iv) any Restricted Subsidiary may consolidate or otherwise combine with, merge into or transfer all or part of its properties and assets to any other Restricted Subsidiary and (v) the Issuer and its Restricted Subsidiaries may complete any Permitted Intercompany Activities, Permitted Tax Restructuring or related transactions; provided, that the entity that is surviving or the resulting, surviving or transferee entity will be an entity organized or existing under the laws of the jurisdiction of the Issuer or the United States of America, any State of the United States or the District of Columbia or any territory thereof. (e) The foregoing provisions (other than the requirements of clause (a)(2)) shall not apply to the creation of a new Subsidiary as a Restricted Subsidiary. (f) Subject to Section 10.2(b), no Guarantor may consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets, in one or a series of related transactions, to any Person, unless: (1) (a) (i) the other Person is the Issuer or any Restricted Subsidiary that is a Guarantor or becomes a Guarantor concurrently with such transactions, or (ii) either (x) the Issuer or a Guarantor is the continuing Person or (y) the resulting, surviving or transferee Person expressly assumes all the obligations of the Guarantor under its Note Guarantee, this Indenture and the applicable Security Documents;

  • Consolidation The Employer may consolidate grievances arising out of the same set of facts.

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