Forced Transfer. As specified in the Agency Agreement, if, at any time, the Issuer determines that any beneficial owner of Notes, or any account for which such owner purchased Notes, who is required to be a QIB is not a QIB, the Issuer may (a) compel such beneficial owner to sell its Notes to a person who is (i) a U.S. person who is a QIB and that is, in each case, otherwise qualified to purchase such Notes in a transaction exempt from registration under the Securities Act or (ii) not a U.S. person within the meaning of Regulation S or (b) compel the beneficial owner to sell such Notes to the Issuer or an affiliate thereof at a price equal to the lesser of (x) the purchase price paid by the beneficial owner for such Notes, (y) 100% of the principal amount thereof and (z) the fair market value thereof. The Issuer has the right to refuse to honour the transfer of interests in a Restricted Global Certificate or of a Note in definitive form to a U.S. person who is not a QIB.
Forced Transfer. A Forced Transfer occurs where a Staff Member’s position has transferred from one AIMS facility to another AIMS facility (i.e. Townsville to Xxxxxx, Xxxxxx to Townsville, Darwin to Perth, Perth to Darwin, Townsville to Perth, Perth to Townsville and any new location), and/or the position has become redundant wherein the duties usually performed by the Staff Member are to be performed at a different district location/locality.
Forced Transfer. A. A forced transfer employee is identified as one whose position has been eliminated or substantially changed. "Substantially changed" is defined as a 15% or more increase or reduction in the employee’s annual salary, or if the position is formally re-classified to a lower level. If an employee’s position is eliminated or substantially changed, the employee shall be notified in writing at least 30 days prior to the effective date.
Forced Transfer. A forced transfer employee is identified as one, whose position has been eliminated, is substantially reduced, or whose duties have been substantially changed. The District will deliver written notices to employees who are in a position which is being eliminated or reduced (forced transferred) via e-mail and through U.S. Mail ten (10) days prior to implementation. If an employee is in a position which is being eliminated or reduced (forced transferred) and based on their seniority they will be laid-off, the layoff supersedes the forced transfer. At a date to be determined each year, all employees who have received forced transfer notices, shall receive notice of a special closed posting which will be open for bids. After May 1, all new or vacated positions shall be held for the special closed posting if the District has determined that forced transfers are likely to take place. Forced Transferred employees will be required to bid on open positions posted during this special closed posting. Forced Transferred employees must bid on at least one position for which they are qualified. Failure to do so will cause the employee to be placed in an available position and forfeiture of his/her forced transfer rights to maintain pay under this section. The administration will use the qualifications and skill questionnaire and testing if appropriate, to assist in determining knowledge and/or skills needed for placement. (See Article 14 Section 1 regarding qualifications.) When members of the Association are deemed as "Forced Transfer" these employees will have priority placement in order of seniority over voluntary transfers.
Forced Transfer shall be defined as a change in position or assignment to which the teacher did not agree. A teacher who is transferred as a direct result of becoming a "displaced" teacher shall be deemed to have been force transferred.
Forced Transfer. A forced transfer employee is identified as one whose position has been eliminated or substantially reduced. The District will deliver written notices to employees who are in a position which is being eliminated or reduced (forced transferred) via personal delivery or through U.S. Mail. If an employee is in a position which is being eliminated or reduced (forced transferred) and based on their seniority they will be laid off, the layoff supercedes the force transfer. At a date to be determined each year, all employees who have received forced transfer notices, shall receive notice of a special closed posting which will be open for bids. Forced Transferred employees will be required to bid on open positions posted during this special closed posting. Forced Transferred employees must bid on at least one position for which they are qualified. Failure to do so will cause the employee to be placed in an available position and forfeiture of his/her forced transfer rights to maintain pay under this section. The administration will use the qualifications and skill questionnaire and testing if appropriate, to assist in determining knowledge and/or skills needed for placement. (See Article 14 Section 1 regarding qualifications.) When members of the Association are deemed as "Forced Transfer" these employees will have priority placement in order of seniority over voluntary transfers.
Forced Transfer. A teacher’s system-wide seniority status shall govern when a reduction in teacher service makes it necessary to transfer teachers. The teachers to be transferred, within the department affected, will be determined by seniority. If two (2) teachers have the same amount of seniority, District substitute teaching service will be added. This rule of seniority does not apply when a teacher freely requests or consents to a transfer or has been rated unsatisfactory. Probationary teachers are not protected from transfer due to reduction in teacher service. Qualified bilingual teachers who have full endorsement will be protected from reduction in service transfer if they are serving bilingual students and using their second language in the process. A teacher forced to transfer due to a reduction in teacher service shall be given more than one choice of school whenever available. Following such forced transfer, subsequent voluntary transfer shall not be precluded by a minimum time requirement. Transfers because of a reduction in teacher service shall be in accord with the Seniority and Transfer sections. There are times when the services of a teacher may be needed more in some other school than the one in which he/she is teaching. In such cases, teachers may be requested to change their locations for the best interest of the school system. The District and the Union will develop procedures for unusual staffing requirements.
Forced Transfer. A. A forced transfer employee is identified as one whose position has been eliminated or substantially changed. "Substantially changed" is defined as a fifteen percent (15%) or more increase or reduction in the employee’s annual salary, or if the position is formally reclassified to a lower level. If an employee’s position is eliminated or substantially changed, the employee shall be notified in writing at least thirty (30) days prior to the effective date. Article 13, Section 14.B.3 which allows a forced transfer to bump a union member may only be used if the forced transfer is a result of a substantial change or elimination of a position. If a person becomes a forced transfer because their position is formally classified to a lower level, the employee may not exercise this bumping option. If no other vacancy exists, the “forced transfer" employee shall remain in the position they hold at the lower grade level. The employee’s rate of pay will remain at the higher rate, for two (2) years, per the forced transfer language.
B. A forced transfer employee shall be offered any vacant position with the same number of hours per week and the same work year of the position that has been substantially changed or eliminated, (unless the parties mutually agree otherwise), and placed according to the provisions set forth below, without regard to classification.
1. If a forced transfer employee is not placed in an available position before the effective date of the position elimination, the forced transfer employee is laid off pending suitable placement. The forced transfer employee may elect to remain on layoff and be maintained on a recall list for a period of one (1) year. During this year, the laid off employee may enroll in any staff learning opportunity offered through Staff Development at no cost to the employee.
2. Qualifications for any position for a forced transfer employee shall be determined by Human Resources according to special skills, knowledge, and demonstrated performance. Tools to evaluate special skills and knowledge shall include one (1) or more of the following: similarity of position responsibilities to forced transfer employee’s previous responsibilities, the ability to establish professional rapport with their current immediate supervisor, test scores, skills-based activities, and relevant certifications and degrees. Tools to evaluate demonstrated performance include a combination of the most recent evaluation, letters of reference, commendatio...
Forced Transfer. If the Option Closing does not occur on time, the CLT may make a Transfer on the Homeowner’s behalf if (that Transfer, a “Forced Transfer”): (1) the Homeowner then continues to hold the Home out for Transfer for more than one year after the date of the Exercise Notice; and (2) the Homeowner is not regularly residing in the Home during that one-year period. Under a Forced Transfer, the CLT shall: (1) enter a CLT Transfer Agreement or Transfer Agreement to complete a CLT Transfer or Transfer, as applicable, for the Appraised Value or the Formula Price, whichever is less; and (2) Transfer the Home to the CLT or the Transferee under the CLT Transfer Agreement or Transfer Agreement, as applicable. For this section, the Homeowner hereby irrevocably designates the CLT as the Homeowner’s agent to act in the place of the Homeowner on the following matters and grants the CLT the power and authority to: (1) enter a CLT Transfer Agreement or a Transfer Agreement for the Forced Transfer; (2) Transfer the Home to the CLT or the Transferee under the CLT Transfer Agreement or Transfer Agreement, as applicable; (3) distribute the Transfer Proceeds as provided under the section with the descriptive heading Transfer Proceeds; and
Forced Transfer. The term forced transfer refers to an employee on a continuing assignment being designated for trans- fer because of a shift or decline in the enrollment in a school or subject area.
