CONSULTATIVE MATTERS Clause Samples
CONSULTATIVE MATTERS. This Article is a declaration of the Board’s and the Association’s faith in the consultative process. The Board and the Association recognize the benefits of the consultative process, and therefore agree to: consult regarding policies, philosophy, goals and general operation of programs that affect the employees.
2.1 If the process or structure of consultation is not established to the satisfaction of the staff, this issue is grievable under Article 3.
CONSULTATIVE MATTERS. 5.1 Subject to Clause 5.3, the Company agrees, and each Shareholder hereby undertakes to and with the other Shareholder, that it shall use its best endeavours to ensure that none of the Consultative Matters set out in Schedule 1 relating to Indosat, shall be taken by the Company without consulting with the other Shareholder before any decision is made thereon, provided that the Shareholding Percentage of each such Shareholder shall be least 12 per cent. of all the Shares as at the relevant date. For the avoidance of doubt, nothing in this Agreement, including the provisions of this Clause 5, shall confer on any Shareholder the right to veto any matter relating to Indosat.
5.2 For the purpose of this Clause 5, a Shareholder shall be deemed to have fulfilled its obligations to consult with the other Shareholder, if such other Shareholder or its nominee Director is not present at the relevant Shareholders’ or Board meeting (and its adjorned meeting for lack of quorum at such meeting), at which such Consultative Matter is considered, provided that at least five days’ prior written notice is given to such other Shareholder or its nominee Director before any decision is taken in respect of such Consultative Matter.
CONSULTATIVE MATTERS. Considerations that will require consultation with each of the Qualifying Shareholders prior to their execution. Consultation will be constituted in a formal manner, on the basis that: • formal written notice shall be given to each of the Qualifying Shareholders by not less than 7 days before the Qualifying Shareholders shall meet in order to consult with each other in respect of the relevant matters; • full details of the relevant matters will be given in such written notice; and • appropriate consultation shall be had during the course of, and as part of either a meeting of the board of directors of Holdco, or a meeting of the Shareholders. Matters which require consideration by sub-committees of the Board and/or the Opco Board and/or any Sub-Board, as the case may be, before their adoption and/or implementation.
CONSULTATIVE MATTERS. 3.1 Any aggregate increase by any Relevant Company in remuneration (which shall include all direct and indirect employee benefits), where such aggregate increase results in the total aggregate cost to company for senior management increasing by 20% more than any particular period’s CPI;
3.2 the entering into of any contract(s) by any Relevant Company which falls within the ordinary course of business, with a cumulative value greater than 10% of the Fair Market Value of the Holdco Group on an annualised basis;
3.3 the payment by any Relevant Company of profit share or remuneration and bonuses to employees of such Relevant Company or any other person (other than a Shareholder) and the making of any offers, or granting of any options, to employees or any other persons (other than a Shareholder);
3.4 the institution or settlement by any Relevant Company of any legal mediation, arbitration or criminal proceedings or tax hearings of any nature, other than debt collections in the ordinary course of business (“Debt Collections”); and the consent to any judgment or award being given against such Relevant Company other than in respect of Debt Collections; provided that this provision shall not apply in respect of litigation proceedings instituted or to be instituted against a Qualifying Shareholder and/or any member of respectively the Atlatsa Group or the AAPL Group and/or any Director and/or any director of any company in respectively the Atlatsa Group or the AAPL Group. In the case of legal matters that need to be brought or defended urgently, a detailed legal report after the event shall be acceptable; and
3.5 the approval of any long-term strategic or business plan and budget of any Relevant Company (whether annual or otherwise) or any material variation thereof.
CONSULTATIVE MATTERS. Save as otherwise expressly agreed by the Shareholders in this Agreement or otherwise in writing, the relevant Shareholders shall have consultative rights over the following voting decisions of the Company on the following matters relating to Indosat pursuant to Clause 5.1: