Exemption Requests. 35 2.6.1. Existing exemptions for FYs 2021 and 2022
Exemption Requests. Exemptions in FYs 2015 and 2016
1. 120-Day Block Requirement Out of the Fishery for Day Gillnet Vessels
Exemption Requests. Any Person who desires to effect any acquisition of Common Stock that would, if consummated, result in such Person Beneficially Owning 4.99% or more of the then outstanding Common Stock (or, in the case of an Existing Holder, additional shares of Common Stock) (a “Requesting Person”) may, prior to the Stock Acquisition Date, request that the Board grant an exemption with respect to such acquisition under this Agreement so that such Person would be deemed to be an “Exempt Person” under subsection (iii) of Section 1(r) hereof for purposes of this Agreement (an “Exemption Request”). Subject to the provisions of this Section 27, the Board shall have the sole discretion to establish and/or modify the process by which a Requesting Person may submit an Exemption Request, including, without limitation, the required form of an Exemption Request, and such process, once established or modified from time to time, shall be publicly disclosed, including in a filing made with the SEC. The Board shall only grant an exemption in response to an Exemption Request if the Board determines in its sole discretion that the acquisition of Beneficial Ownership of Common Stock by the Requesting Person will not limit or impair the availability to the Company of the Tax Benefits. Any exemption granted by the Board hereunder may be granted in whole or in part, and may be subject to limitations or conditions (including a requirement that the Requesting Person agree that it will not acquire Beneficial Ownership of shares of Common Stock in excess of the Exempted Amount), in each case as and to the extent the Board shall determine, in its sole discretion, to be necessary or desirable to preserve the availability to the Company of the Tax Benefits. The Exemption Request shall be considered and evaluated by directors serving on the Board, or a duly constituted committee thereof, who are independent of the Company and the Requesting Person and disinterested with respect to the Exemption Request, and the action of a majority of such independent and disinterested directors shall be deemed to be the determination of the Board for purposes of such Exemption Request.
Exemption Requests. 35 2.6.1. Existing exemptions for FYs 2019 and 2020
39 3. Day gillnet limit outside the Gulf of Maine
40 4. Prohibition on a vessel hauling another vessel’s gillnet gear
41 5. Limits on the number of gillnets that may be hauled on Georges Bank when fishing
43 6. Limits on the number of hooks that may be fished
44 7. DAS Leasing Program Length and Horsepower Restrictions
45 8. Prohibition on discarding
1 9. Gear requirements in the Eastern U.S./Canada Area
2 10. Prohibition on a vessel hauling another vessel’s hook gear
3 11. Requirement to declare intent to fish in the Eastern U.S./Canada Xxxxxxx SAP and
5 12. Seasonal Restriction for the Eastern U.S./Canada Xxxxxxx SAP
6 13. Seasonal Restriction for the CA II Yellowtail Flounder/Xxxxxxx SAP
Exemption Requests. An employee may request of the EMPLOYER an 38 exemption from TDY assignments, setting forth in writing the reasons for such exemption. 39 The employee shall be notified promptly of approval or disapproval of request. Once 40 employee(s) in the Unit arrive at the TDY site, the employee may be relieved from duty if 41 mitigating circumstances require the employee to request return to Puget Sound Naval 42 Shipyard & Intermediate Maintenance Facility due to unforeseen emergencies or illness. 43
Exemption Requests. [To be determined] Upon approval, each sector vessel will be issued a Letter of Authorization (LOA) specifying the exemptions granted. Vessels must comply with all requirements stipulated in the LOA and all applicable Federal regulations and laws not specifically exempted in the LOA.
Exemption Requests. FY 2014 Exemptions Continued in FYs 2015 and 2016
Exemption Requests. A person desiring to either (i) effect a transaction that might result in such person becoming a beneficial owner of 4.9% or more of the then-outstanding shares of Common Stock or (ii) effect a transaction that might result in such person owning additional shares of Common Stock when such person already owns 4.9% or more of the then-outstanding shares of Common Stock may, by following the procedures outlined in the Tax Benefits Preservation Plan, request that the Board determine that such person would not be an Acquiring Person. In such case, the Board may grant the exemption notwithstanding the effect on the Company’s NOLs and other tax attributes, if the Board determines that such approval is in the best interests of the Company. The Board may impose any conditions that it deems reasonable and appropriate in connection with any such determination, including restrictions on the ability of the requesting person to transfer shares acquired by it in the transaction requiring approval.
Exemption Requests. 33 2.6.1. Existing exemptions for FYs 2019 and 2020
35 1. 120-day block out of the fishery required for Day gillnet vessels
36 2. 20-day spawning block out of the fishery required for all vessels
37 3. Day gillnet limit outside the Gulf of Maine
38 4. Prohibition on a vessel hauling another vessel’s gillnet gear
39 5. Limits on the number of gillnets that may be hauled on Georges Bank when fishing
41 6. Limits on the number of hooks that may be fished
42 7. DAS Leasing Program Length and Horsepower Restrictions
43 8. Prohibition on discarding
Exemption Requests.
2.6.1. Existing exemptions for FYs 2017 and 2018
1. 120-Day Block Requirement Out of the Fishery for Day Gillnet Vessels 2. 20-Day Spawning Block Requirement
3. Limitation on the Number of Gillnets for Day Gillnet Vessels
4. Prohibition on a Vessel Hauling Another Vessel’s Gillnet Gear
5. Limitation on the Number of Gillnets That May Be Hauled on GB When Fishing Under a Groundfish/Monkfish DAS
6. [Not requested]
7. Length and Horsepower Restrictions of the DAS Leasing Program
8. Sink Gillnet Mesh Size Restrictions in the GOM in May and from January through April.
9. Prohibition on Discarding
10. [Not requested]
11. Trawl Gear Requirements in the US/Canada Management Area
12. [Not requested]
13. [Not requested]
14. Requirement to Declare Intent to Fish in the Eastern US/CA Xxxxxxx SAP and the CAII Yellowtail Flounder/Xxxxxxx SAP Prior to Leaving the Dock
15. Seasonal Restriction for the Eastern U.S./Canada Xxxxxxx SAP 16. Seasonal Restriction for the CA II Yellowtail Flounder/Xxxxxxx SAP
