Consultation and Related Rights Sample Clauses

Consultation and Related Rights. (i) The Lender shall have the right to directly participate (within the meaning of 29 CFR 2510.3-101(d)(3)(ii)) in the management of the Company and the Operating Partnership through and by the following rights and powers: (a) The right to be consulted on the appointment and dismissal of (i) the chief executive officer, the chief operating officer, the chief financial officer, the president and any co-president (or any person fulfilling similar duties) and (ii) the managing general partner, the chief executive officer, the chief operating officer, the chief financial officer, the president and any co-president, or any person or persons fulfilling similar duties, and the public auditors and public accountants for the Operating Partnership and the Subsidiaries. (b) The right to inspect the books and records of the Company and the Operating Partnership during normal business hours upon reasonable prior notice. (c) The right to be consulted concerning the development of the Company's, the Operating Partnership's and the Subsidiaries' annual strategic plan that incorporates a specific business strategy, an operating agenda, investment and disposition objectives, and capitalization and funding strategies. (d) The right to be consulted concerning the annual consolidated operating and capital budgets of the Company and the Operating Partnership. (e) The right to be consulted concerning Major Transactions. "Major Transactions" means (i) any acquisition or disposition of any assets in any single transaction or any series of related transactions where the aggregate purchase price paid or received by the Company, the Operating Partnership or the Subsidiaries exceeds $25,000,000, (ii) additional financings in excess of $25,000,000 (other than Authorized Refinancings) and (iii) a determination by the Company's Board of Trustees to terminate the Company's status as a real estate investment trust pursuant to Sections 856 through 860 of the IRC. Notwithstanding the foregoing, neither the Company nor the Operating Partnership shall have any obligation to comply with any advice offered by the Lender in any consultation referred to in this Section 3D.
Sample 1
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Consultation and Related Rights. For so long as the Investor holds at least 50% of the Series A Preferred Shares that it held immediately after the Closing Date (or 50% of the Common Shares that the Investor could have obtained at that time upon conversion of such Series A Preferred Shares whether or not such shares are then convertible), the Investor shall have the right to directly participate (within the meaning of 29 CFR 2510.3-101(d)(3)(ii)) in the management of the Company and the Operating Partnership through and by the following rights and powers: (a) The right to be consulted on the appointment and dismissal of (i) the chief executive officer, the chief operating officer and the chief financial officer (or any person fulfilling similar duties) and the public accountants and public auditors for the Company and its subsidiaries and (ii) the managing general partner, the chief executive officer, the chief operating officer and the chief financial officer, or any person or persons fulfilling similar duties, and the public auditors and public accountants for the Operating Partnership and its subsidiaries. (b) The right to inspect the books and records of the Company and the Operating Partnership. (c) The right to be consulted concerning the development of the Company's and the Operating Partnership's and their subsidiaries' annual strategic plan that incorporates a specific business strategy, an operating agenda, investment and disposition objectives, and capitalization and funding strategies. (d) The right to be consulted concerning the annual operating and capital budgets of the Company and the Operating Partnership and their subsidiaries. (e) The right to be consulted concerning Major Transactions. "Major Transactions" means (i) any acquisition or disposition of any assets in any single transaction or any series of related transactions where the aggregate purchase price paid or received by the Company, the Operating Partnership or their subsidiaries exceeds $50,000,000, or, in the case of dispositions, where the purchase price received does not approximate the fair market value of the asset sold, (ii) additional financings in excess of $50,000,000 and (iii) a determination by the Company's Board of Trustees to terminate the Company's status as a real estate investment trust pursuant to Sections 856 through 860 of the Code. Notwithstanding the foregoing, the Company shall have no obligation to comply with any advice offered by the Investor in any consultation referred to in this Sec...
Sample 1

Related to Consultation and Related Rights

  • INFORMATION AND CONSULTATION 8.1 You are entitled under the General Data Protection Regulation to access personal data we hold on you in our housing files. We will provide you with a copy of any such information we hold within one calendar month of your request. You may have other rights under the General Data Protection Regulation in relation to your personal data, which we will honour. You are entitled to check information you have provided in connection with your housing application free of charge. 8.2 We will publish an annual report on our housing management performance which, you may obtain from us on request. We will give you information about our complaints procedure. 8.3 On request, we will provide you with free information relating to: ▪ The terms of your tenancy; ▪ Our policy and procedures on setting rent and service charges; ▪ Our policy and rules about; o Admission to the housing lists; o Allocations; o Transfer of tenants between houses; o Exchanges of houses between our tenants, and tenants of other landlords; o Repairs and maintenance; o Our tenant participation strategy; o Our arrangements for taking decisions about housing management and services. 8.4 We will consult you about making or changing: ▪ Policies regarding housing management, repairs and maintenance if the proposal is likely to significantly affect you; ▪ Proposals for changes in rent and service charges where they affect all or a class of tenants (and you are to be affected); ▪ Proposals for the sale or transfer of your house to another landlord; ▪ Decisions about the information to be provided relating to our standards of housing management and performance; ▪ Performance standards or targets in relation to housing management repairs and maintenance; ▪ Our tenant participation strategy. We will take into account any views that you have before making a final decision. Any consultation with you will include giving you comprehensive information in an accessible form and reasonable time to express views.

  • Notification and Consultation 1. A Party shall promptly notify the other Party in writing upon: (a) initiating a bilateral safeguard proceeding under this Section; (b) applying a provisional bilateral safeguard measure; and (c) taking a final decision to apply or extend a bilateral safeguard measure. 2. A Party shall provide to the other Party a copy of the public version of the report of its competent investigating authority in accordance with Article 8.4.1. 3. Upon request of a Party whose good is subject to a bilateral safeguard proceeding under this Section, the Party conducting that proceeding shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority has issued in connection with the proceeding. 4. All notifications during any bilateral safeguard investigation shall be exchanged in English.

  • Consultation with Legal Counsel Escrow Agent may consult with its counsel or other counsel satisfactory to it concerning any question relating to its duties or responsibilities hereunder or otherwise in connection herewith and shall not be liable for any action taken, suffered or omitted by it in good faith upon the advice of such counsel.

  • Consultation with Experts The Administrative Agent may consult with legal counsel, independent public accountants, and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith in accordance with the advice of such counsel, accountants or experts.

  • Dispute Concerning Termination If within fifteen (15) days after any Notice of Termination is given, or, if later, prior to the Date of Termination (as determined without regard to this Section 7.3), the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, the Date of Termination shall be extended until the earlier of (i) the date on which the Term ends or (ii) the date on which the dispute is finally resolved, either by mutual written agreement of the parties or by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction (which is not appealable or with respect to which the time for appeal therefrom has expired and no appeal has been perfected); provided, however, that the Date of Termination shall be extended by a notice of dispute given by the Executive only if such notice is given in good faith and the Executive pursues the resolution of such dispute with reasonable diligence.

  • CONSULTATION WITH OTHER SUB-ADVISERS In performance of its duties and obligations under this Agreement, the Sub-Adviser shall not consult with any other sub-adviser to the Fund or a sub-adviser to a portfolio that is under common control with the Fund concerning transactions for the Fund, except as permitted by the policies and procedures of the Fund. The Sub-Adviser shall not provide investment advice to any assets of the Fund other than the assets managed by the Sub-Adviser.

  • Consultation with Attorney He or she has been advised to consult with his or her own attorney regarding all legal matters concerning an investment in the Company and the tax consequences of participating in the Company, and has done so, to the extent he or she considers necessary.

  • Representation by Legal Counsel Each Party hereto represents that it has been represented by legal counsel in connection with this Agreement and acknowledges that it has participated in the drafting hereof. In interpreting and applying the terms and provisions of this Agreement, the Parties agree that no presumption shall exist or be implied against the Party which drafted such terms and provisions.

  • Union and Employer Representation No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

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