Elective Provisions Sample Clauses

Elective Provisions. 1. (a)(ii) –
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Elective Provisions. APPROVAL AND GAURANTEE OF SHAREHOLDERS, MEMBERS OR PARTNERS.........16 REAL ESTATE FRANCHISE AGREEMENT THIS REAL ESTATE FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between WHY USA NORTH AMERICA, INC., a Wisconsin corporation ("WHY USA"), having its principal offices at 0000 XX Xxxxxxx 00, Xxxxxxxxx, Xxxxxxxxx 00000, and that party designated as "Franchisee" in Section 23.1 herein. WHY USA and Franchisee are collectively referred to as the "Parties."
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Elective Provisions. (1) Clause (a)(ii): √
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Elective Provisions. Clause (1) of the Gas Annex is amended and restated in its entirety to read as follows:
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Elective Provisions. An Employer may amend the elective provisions of the Adoption Agreement establishing its Trust at any time and from time to time or discontinue or terminate the Trust by delivering to the Trustee a copy of an amendment or discontinuance or termination certified by a duly authorized person on behalf of the Employer; provided, however, that, except as provided in Section 1.2 and Article XIII, the Employer shall have no power to amend or terminate the Trust in such manner as would cause or permit (i) any of the assets of the Trust to be diverted to purposes other than for the exclusive benefit of the eligible Employees of the Employer or their Beneficiaries or estates; (ii) any reduction in the amount theretofore credited to any Participant; (iii) any portion of the assets of the Trust to revert to or become the property of the Employer; (iv) the elimination or reduction of an optional form of benefit; (v) the duties or liabilities of the Trustee to be increased without its written consent; and (vi) in the case of a Money Purchase Plan, the significant reduction in the rate of future benefit accrual unless, after adoption of the plan amendment and not less than fifteen (15) days before the effective date of the plan amendment, the Plan Administrator provides a written notice, setting forth the plan amendment and its effective date, to each Participant, each Beneficiary who is an alternate payee, and each employee organization representing Participants of the Plan. Each amendment shall be effective on the effective date of such amended Adoption Agreement except that retroactive changes to a previous election or elections pursuant to the regulations issued under Sections 401(a)(4) or 401(b) shall be permitted. If the Employer amends any provision other than the elective provisions of the Adoption Agreement for any reason, including a waiver of the minimum funding requirement under Section 412(d) of the Code, except as provided in Section 8.2(b) and except to add certain model amendments published by the Internal Revenue Service which specifically provide that their adoption will not cause the Plan to be treated as individually designed, its Trust will be deemed to be an individually designed plan and may no longer participate in a prototype established under this Basic Plan Document.
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Elective Provisions. (1) Clause (a)(ii):
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Elective Provisions. (1) Clause (a)(ii): √ Applicability to Outstanding Power Transactions. If not checked, not applicable. (2) Clause (a)(iii): √ Applicability of Outstanding Power Credit Support held by a party in connection with Outstanding Power Transactions. If not checked, not applicable. (3) Clause (c): √ Accelerated Payment Damages. If not checked, not applicable. (4) Clause (d)(ii):Timeliness of Payment Option A √ Option B If neither is checked, Option B shall be deemed to apply. (5) Clause (h)(i):Wholesale Power Tariffs √ Party A Electric Tariff. Tariff/Date/Docket: Tariff: Market-Based Rate Tariff Dated: May 16, 2016 Docket Number: ER16-00325-001 √ Party B Electric Tariff. Tariff/Date/Docket: Summer Energy, LLC: N/A DB1/ 97256719.2 4833-0855-7924 Summer Energy Northeast, LLC: Tariff: Market-Based Rate Tariff Dated: Docket Number: ER18-696-000 If not checked, not applicable. (6) Clause (h)(ii): √ Applicability of Severability provision. If not checked, not applicable. (7) Clause (h)(iii): √ Applicability of FERC Standard of Review and Certain Covenants and Waivers. If not checked, not applicable.
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Elective Provisions 
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Related to Elective Provisions

  • Leave Provisions Clause No. Title

  • Protective Provisions Subject to the rights of series of Preferred Stock that may from time to time come into existence and any contractual agreements or restrictions which may be then in effect in any agreement of stockholders or other organizational document to which the holders of Series A Preferred Stock and the Company may be a party, the approval by written consent of the Preferred Supermajority (in addition to any other applicable stockholder approval requirements required by law) shall be required for the Company to take the following actions: (i) authorize or issue, or obligate itself to issue, any shares of Preferred Stock or any other equity security on parity with or having a preference over any series of Preferred Stock with respect to dividends, liquidation, redemption or voting, including any security convertible into or exercisable for any such equity security, or authorize any subsidiary to issue any equity security or any such securities convertible or exercisable therefor; (ii) increase or decrease the number of authorized shares of any series of Preferred Stock; (iii) amend the Certificate of Incorporation or Bylaws of the Company, including the amendment of the Certificate of Incorporation by the adoption or amendment of any Certificate of Designation or similar document, or amend the organizational documents of any subsidiary, in any such case other than amendments solely to the extent required to authorize the issuance of any Junior Stock or any security convertible into or exercisable for any Junior Stock; (iv) alter or change the rights, preferences or privileges of the shares of any series of the Preferred Stock; (v) issue, or cause any subsidiary to issue, any indebtedness, other than trade accounts payable and/or letters of credit, performance bonds or other similar credit support incurred in the ordinary course of business, or amend, renew, increase or otherwise alter in any material respect the terms of any indebtedness previously approved or required to be approved by the holders of the Preferred Stock other than the incurrence of debt solely to fund the payment of Accrued Dividends on the Preferred Stock or solely to fund the redemption of the Preferred Stock pursuant to Section 6; (vi) increase the authorized number of directors constituting the Board of Directors of the Company from fourteen (14) directors; (vii) redeem, purchase or otherwise acquire (or pay into or set aside for a sinking fund for such purpose) any share or shares of capital stock of the Company; provided, however, that this restriction shall not apply to the repurchase of shares of Preferred Stock pursuant to Section 6 or the repurchase of shares of Junior Stock from employees, officers, directors, consultants or other persons performing services for the Company or any subsidiary pursuant to agreements under which the Company has the option to repurchase such shares at cost upon the occurrence of certain events, such as the termination of employment; (viii) declare or pay dividends or otherwise make distributions with respect to any shares of capital stock of the Company, other than dividends on the Preferred Stock; (ix) declare bankruptcy, dissolve, liquidate or wind up the affairs of the Company or any subsidiary; (x) modify or change the nature of the Company’s business such that a material portion of the Company’s business is devoted to any business other than the business of (A) designing, constructing or operating facilities for biofuels, chemicals or by-products thereof and (B) procurement, manufacturing, selling, distribution, logistics, marketing or risk management related to biofuels, chemicals or by-products thereof; (xi) make or permit any subsidiary to make any capital expenditure in excess of $500,000 which is not otherwise included in the annual budget previously approved by the Board of Directors of the Company; (xii) effect any Acquisition; (xiii) acquire directly or through a subsidiary the stock or any material assets of another corporation, partnership or other person or entity for consideration valued at more than ten percent (10%) of the total assets of the Company as of the most recent month-end prior to such acquisition as reflected on the balance sheet of the Company prepared in accordance with generally accepted accounting principles consistently applied; or (xiv) agree or commit to do any of the foregoing; provided, however, that nothing in this Section 4(b) shall be deemed to alter any statutory provision entitling a particular class or series of shares to vote as a class or series with respect to such matter.

  • Overtime Provisions (a) Time worked as an extension to the regular scheduled shift or time worked in a bi- weekly pay period that is in excess of seventy-five (75) hours shall be compensated at a rate of one and one-half times (1½ x) the Nurse’s regular hourly rate for the overtime worked. A Nurse who works in excess of four (4) hours overtime in any one day shall be compensated at a rate of two times (2 x) the Nurse’s regular hourly rate for the overtime worked. (b) Overtime shall not be claimed for less than fifteen (15) minutes at the end of a shift, but if overtime amounts to fifteen (15) minutes or more, the overtime rates shall apply to the total period in excess of the shift. (c) In computing overtime a period of thirty (30) minutes or less shall be counted as one-half (½) hour and a period of more than thirty (30) minutes but less than sixty (60) minutes shall be counted as one (1) hour.

  • Administrative Provisions (a) Replies to grievances at Step 2 of the grievance procedure and notification to arbitrate shall be by certified mail, courier or by facsimile. (b) Grievances, replies, and notification shall be deemed to have been presented on the date on which they were verifiably transmitted, and received on the date they were delivered to the appropriate office of the Employer or the Union.

  • OPERATIVE PROVISIONS In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this Agreement

  • General Leave Provisions 21.1.1 Except where explicitly noted in Article 00 Xxxxx Xxxxx, the Employer may implement, modify, or eliminate the leaves of absence as outlined in this Article and consistent with all state and federal leave requirements. The Employer reserves the right to modify its Leave of Absence policies. The Employer will inform the Union of any material and substantial changes in its Leave of Absence policies prior to implementation.

  • Alternate Payment and Notice Provisions Notwithstanding any provision of this Indenture or any of the Notes to the contrary, the Issuer may enter into any agreement with any Holder of a Note providing for a method of payment, or notice by the Indenture Trustee or any Paying Agent to such Holder, that is different from the methods provided for in this Indenture for such payments or notices. The Issuer will furnish to the Indenture Trustee a copy of each such agreement and the Indenture Trustee will cause payments to be made and notices to be given in accordance with such agreements.

  • Notice Provisions (a) Notice of layoff shall be in writing and shall be served either in person or by double registered letter directed to the Employee’s last known address. Layoff notices served by double registered letter shall be considered served effective the date of the registration with the postal services or, if served in person shall be considered served effective the day of receipt by the Employee. (b) The Union shall be notified of layoffs, displacements and re-assignments as they occur. (c) An Employee shall receive written confirmation of re-assignment following their option selection in consultation with the Employer and the Union.

  • Sick Leave Provisions (A) Sick Leave Defined Sick leave means the period of time an employee is permitted to be absent from work with full pay by virtue of being sick, disabled, exposed to contagious disease, or under examination or treatment of a physician, chiropractor, or dentist, or because of an accident for which compensation is not payable under the Worker's Compensation Act. (B) Amount of Sick Leave Sick leave shall be granted to employees on the basis of one and two-third (1 2/3) days for every month of service. In any one calendar year when an employee has not had sick leave, or only a portion thereof, the employee shall be entitled to an accrual of all the unused portion of sick leave up to a maximum of 160 working days for their future benefits. Employees at maximum accumulation of 160 or more sick days shall accumulate at one half day per month effective January 1, 1993. Employees who have accumulated 160 days or more and who become ill in the year preceding retirement will be allotted a maximum of twenty (20) days to maintain their entitlement. A deduction shall be made from accumulated sick leave of all normal working days (exclusive of Statutory Holiday) absent for sick leave as defined in (A) and Article 25 (Supplementation of Compensation). The PEBT LTD Plan shall be fully integrated with the sick leave plan so that an employee will be entitled to use sick leave up to the date the employee is eligible to collect LTD (80 work days) at which time sick leave usage shall cease. (C) Illness in the Family In the case of illness at the employee's residence and/or a medical emergency/procedure at a hospital of a family member where no one other than the employee can provide for the needs of the ill person, the employee, after notifying their supervisor, shall be entitled to a maximum of eight (8) days per calendar year when supported by a medical certificate. In the event that a non-resident parent requires support due to a serious medical condition as confirmed by a medical practitioner, such time will be provided under the Family Illness provisions of this Article.

  • Plan Provisions In addition to the terms and conditions set forth herein, the Award is subject to and governed by the terms and conditions set forth in the Plan, as may be amended from time to time, which are hereby incorporated by reference. Any terms used herein with an initial capital letter shall have the same meaning as provided in the Plan, unless otherwise specified herein. In the event of any conflict between the provisions of the Agreement and the Plan, the Plan shall control.

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