DEFINITIONS AND RULES. A. Definition: A grievance is any difference arising between the BOARD and the UNION or any member of the bargaining unit with respect to the interpretation or application of the Agreement. The UNION shall receive a copy of all grievances filed by Employees within one (1) business day after the Director of Employee Services has knowledge of said grievance.
B. All time limits herein shall consist of work days except during summer vacation when time limits shall consist of all week days so that the matter may be resolved as soon as possible thereafter.
C. All grievance time limits shall be followed except by written mutual agreement between parties involved. Illness or other incapacity of the Employee shall be grounds for any necessary extension of the grievance time limits.
D. The failure of the grievant to act within the prescribed time limits will act as a bar to any further appeal. If no decision has been rendered within the time indicated within a step, then the grievance shall be processed to the next step.
E. Every Employee covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Article or elsewhere in this Agreement shall be construed to prevent any individual Employee, should he/she so elect, from presenting a grievance and having it adjusted without representation of the UNION, although the UNION shall have the right to have the President or his/her designee to be present to observe at all steps of the grievance procedure, and provided any such adjustment is consistent with the terms in this Agreement. In the event a grievance is filed so that sufficient time as indicated under all steps of the procedure cannot be provided before the last day of school and should it be necessary to pursue the grievance to all steps, then said grievance shall be resolved under the terms of this Agreement and this Article and not under the succeeding Agreement.
DEFINITIONS AND RULES. OF CONSTRUCTION 1 SECTION 1.01. Definitions and Rules of Construction 1 ARTICLE II. TRANSFER OF SECURITIZATION PROPERTY 1 SECTION 2.01. Transfer of Securitization Property 1 SECTION 2.02. Conditions to Transfer of Securitization Property 2 ARTICLE III. REPRESENTATIONS AND WARRANTIES OF SELLER 3 SECTION 3.01. Organization and Good Standing 3 SECTION 3.02. Due Qualification 3 SECTION 3.03. Power and Authority 3 SECTION 3.04. Binding Obligation 3 SECTION 3.05. No Violation 4 SECTION 3.06. No Proceedings 4 SECTION 3.07. Approvals 4 SECTION 3.08. The Securitization Property 4 SECTION 3.09. Limitations on Representations and Warranties 7 ARTICLE IV. COVENANTS OF THE SELLER 7 SECTION 4.01. Existence 7 SECTION 4.02. No Liens 7 SECTION 4.03. Delivery of Collections 7 SECTION 4.04. Notice of Liens 8 SECTION 4.05. Compliance with Law 8 SECTION 4.06. Covenants Related to Securitization Bonds and Securitization Property 8 SECTION 4.07. Protection of Title 9 SECTION 4.08. Nonpetition Covenants 9 SECTION 4.09. Taxes 9 SECTION 4.10. Notice of Breach to Rating Agencies, Etc 9 SECTION 4.11. Use of Proceeds 10 SECTION 4.12. Further Assurances 10 ARTICLE V. THE SELLER 10 SECTION 5.01. Liability of Seller; Indemnities 10 SECTION 5.02. Merger, Conversion or Consolidation of, or Assumption of the Obligations of, Seller 11 SECTION 5.03. Limitation on Liability of Seller and Others 12 ARTICLE VI. MISCELLANEOUS PROVISIONS 12 SECTION 6.01. Amendment 12 SECTION 6.02. Notices 13 SECTION 6.03. Assignment 13 SECTION 6.04. Limitations on Rights of Third Parties 13 SECTION 6.05. Severability 13 SECTION 6.06. Separate Counterparts 13 SECTION 6.07. Headings 13 SECTION 6.08. Governing Law 13 SECTION 6.09. Assignment to Indenture Trustee 13 SECTION 6.10. Limitation of Liability 14 SECTION 6.11. Waivers 14 Exhibit A Form of Bill of Sale This SECURITIZATION PROPERTY PURCHASE AND SALE AGREEMENT, dated as of November 1, 2023 (this “Sale Agreement”), is by and between DTE ELECTRIC SECURITIZATION FUNDING II LLC, a Delaware limited liability company (the “Issuer”), and DTE ELECTRIC COMPANY, a Michigan corporation (together with its successors in interest to the extent permitted hereunder, the “Seller”), and acknowledged and accepted by U.S. Bank Trust Company, National Association, as Indenture Trustee.
DEFINITIONS AND RULES. Grievance is defined as an alleged violation, or misinterpretation of a specific article or section of this agreement.
DEFINITIONS AND RULES. For purposes of this Article 8:
DEFINITIONS AND RULES. OF INTERPRETATION 1 ---------------------------------------
Section 1.1 Definitions 1 -----------
Section 1.2 Rules of Interpretation 15 -----------------------
DEFINITIONS AND RULES. OF INTERPRETATION 1 1.1. Definitions 1 1.2. Rules of Interpretation 30 2. THE REVOLVING CREDIT FACILITY 31 2.1. Commitment to Lend 31 2.2. Commitment Fee 32 2.3. Reduction of Total Commitment 32 2.4. The Revolving Credit Notes 32 2.5. Interest on Revolving Credit Loans 33 2.6. Requests for Revolving Credit Loans 33 2.6.1. General 33 2.6.2. Swing Line 33 2.7. Conversion Options 34 2.7.1. Conversion to Different Type of Revolving Credit Loan 34 2.7.2. Continuation of Type of Revolving Credit Loan 34 2.7.3. LIBOR Rate Loans 35 2.8. Funds for Revolving Credit Loan 35 2.8.1. Funding Procedures 35 2.8.2. Advances by Administrative Agent 35 2.9. Change in Borrowing Base 36 2.10. Settlements 36 2.10.1. General 36 2.10.2. Failure to Make Funds Available 36 2.10.3. No Effect on Other Lenders 37 2.11. Repayments of Revolving Credit Loans Prior to Event of Default 37 2.11.1. Credit for Funds Received in Concentration Account 37 2.11.2. Application of Payments Prior to Event of Default 38 2.12. Repayments of Revolving Credit Loans After Event of Default 39 2.13. Fixed Asset Availability Maximum Amount Amortization 39 2.14. Administrative Agent Advances 39 3. REPAYMENT OF THE REVOLVING CREDIT LOANS 40 3.1. Maturity 40 3.2. Mandatory Repayments of Revolving Credit Loans 40 3.2.1. Excess Amounts 40 3.2.2. Other Events 40 3.3. Optional Repayments of Revolving Credit Loans 41 4. LETTERS OF CREDIT 41 4.1. Letter of Credit Commitments 41 4.1.1. Commitment to Issue Letters of Credit 42 4.1.2. Letter of Credit Applications 42 4.1.3. Terms of Letters of Credit 42 4.1.4. Reimbursement Obligations of Lenders 43 4.1.5. Participations of Lenders 43 4.2. Reimbursement Obligation of the Borrower 43 4.3. Letter of Credit Payments 44 4.4. Obligations Absolute 44 4.5. Reliance by Issuer 45 4.6. Letter of Credit Fee 45 5. CERTAIN GENERAL PROVISIONS 45 5.1. Fees 45 5.2. Funds for Payments 46 5.2.1. Payments to Administrative Agent 46 5.2.2. No Offset, etc 46 5.2.3. Non-U.S 46 5.3. Computations 47 5.4. Interest Limitation 47 5.5. Inability to Determine LIBOR Rate 47 5.6. Illegality 48 5.7. Additional Costs, etc 48 5.8. Capital Adequacy 49 5.9. Certificate 50 5.10. Indemnity 50 5.11. Mitigation of Obligations; Replacement of Lenders 50 5.12. Interest After Default 52 5.13. Collateral Security and Guaranty Documents 52 6. REPRESENTATIONS AND WARRANTIES 52 6.1. Corporate Authority, Etc 52 6.1.1. Existence, Good Standing 52 6.1.2. Authorization 53 6.1.3. Delivery 53 6.1.4. Enforceability 53 6.2...
DEFINITIONS AND RULES. OF CONSTRUCTION 3 2.1 Definitions 3 2.2 Rules of Construction 19
ARTICLE 3 RENT 20 3.1 Rent for Land, Leased Improvements, Related Rights and Fixtures 20 3.1.1 Base Rent 20 3.1.2 Additional Rent 20 3.2 Calculation and Payment of Additional Rent; Annual Reconciliation 20 3.2.1 Estimates and Payments 20 3.2.2 Annual Statement 21 3.2.3 Deficits 21 3.2.4 Overpayments 21 3.2.5 Final Determination 21 3.2.6 Best Efforts To Maximize 21 3.3 Confirmation and Audit of Additional Rent 22 3.3.1 Maintain Accounting Systems 22 3.3.2 Audit By Lessor 22 3.3.3 Deficiencies and Overpayment 22 3.3.4 Survival 23 3.4 Additional Charges 23 3.5 Leasing Commitment Fee 23 3.6 Net Lease 23 3.7 No Lessee Termination or Offset 24 3.7.1 No Termination 24 3.7.2 Waiver 24 3.7.3 Independent Covenants 24 3.8 Abatement of Rent Limited 24
DEFINITIONS AND RULES. OF INTERPRETATION 1 1.1. Definitions 1 1.2. Rules of Interpretation 21 2. THE REVOLVING CREDIT FACILITY 22 2.1. Commitment to Lend 22 2.1.
1. The Revolving Credit A Loans 22 2.1.2. The Revolving Credit B Loans 22 2.2. Commitment Fee 23
2.2.1. The Revolving Credit A Loan Commitment Fee 23 2.2.2. The Revolving Credit B Loan Commitment Fee 23 2.3. Reduction of Commitments 24 2.3.1. Reduction of Total Revolver A Commitment 24 2.3.2. Reduction of Total Revolver B Commitment 24 2.4. The Notes 24 2.4.1. Revolving Credit A Notes 24 2.4.2. Revolving Credit B Notes 25 2.5. Interest on Revolving Credit Loans 25 2.6. Requests for Revolving Credit Loans 26 2.6.1. General 26 2.6.2. Swing Line 26 2.7.
DEFINITIONS AND RULES. For purposes of this Exhibit A, the following definitions and rules shall apply:
DEFINITIONS AND RULES. OF CONSTRUCTION 1
