TERM AND DURATION 4.1 The Company shall commence upon the filing of the Certificate of Formation, and shall continue in full force and effect until May 1, 2024, provided, however, that the Company shall be dissolved prior to such date upon the happening of any of the following events:
(a) The mutual written consent of the Members to dissolve the Company.
(b) The sale or other divestiture of all or substantially all of the assets of the Company and the distribution of the proceeds thereof to the Members, including real estate or interests held or owned by the Company (other than a transfer to a nominee of the Company for any Company purpose, which event shall not be construed as an event of termination); provided, however, that (i) if the Company receives a purchase money mortgage or other collateral security in connection with such sale, the Company shall continue (A) until such mortgage or security interest is paid in full or otherwise disposed of, or (B) in the event of foreclosure of such mortgage, or security interest provided the Company retains title therein; and (ii) the Company shall continue if the assets of the Company are exchanged under Section 1031 of the Code.
(c) Upon the death, retirement, expulsion, bankruptcy or dissolution of a Member or occurrence of any other event that terminates the continued membership of a Member in the Company (a "Dissolution Event") unless the business of the Company is continued by the unanimous consent of the remaining Members within ninety (90) days following the Dissolution Event.
(d) The entry of a decree of judicial dissolution under Section 49 of the Act.
(e) The happening of any other prior event which pursuant to the terms and provisions of this Operating Agreement shall cause a dissolution or termination of the Company.
4.2 Upon any dissolution of the Company, the distribution of the Company's assets and the winding up of its affairs shall be concluded in accordance with Article 19 of this Operating Agreement.
Entry into force and duration 1. This Agreement shall enter into force one month after the date of exchange of the instruments of ratification by the Contracting Parties. The Agreement shall remain in force for a period of ten years. Unless notice of termination is given by either Contracting Party at least six months before the expiry of its period of validity, this Agreement shall be tacitly extended each time for a further period of ten years, it being understood that each Contracting Party reserves the right to terminate the Agreement by notification given at least six months before the date of expiry of the current period of validity.
2. Investments made prior to the date of termination of this Agreement shall be covered by this Agreement for a period of ten years from the date of termination.
ENTRY INTO FORCE AND DURATION OF MOBILITY 2.1 The agreement shall enter into force on the date when the last of the two parties signs.
Continuation of Elections Effective as of the Distribution Date, SpinCo (acting directly or through one or more members of the SpinCo Group) shall cause the SpinCo Savings Plan to recognize and maintain all existing elections, including, but not limited to, deferral, investment, and payment form elections, beneficiary designations, and the rights of alternate payees under qualified domestic relations orders with respect to SpinCo Savings Plan Participants under the RemainCo Savings Plan, to the extent such election or designation is available under the SpinCo Savings Plan.
Notification of Election When the Notification of Election was filed with the Commission, it (A) contained all statements required to be stated therein in accordance with, and complied in all material respects with the requirements of, the 1940 Act and (B) did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Exercise and Duration of Warrant (a) This Warrant will be exercisable, in whole or in part, by the registered Holder at any time and from time to time on and after the Original Issue Date to and including the Expiration Date, subject to fulfillment of the conditions set forth below. At 5:00 p.m., New York City time on the Expiration Date, the portion of this Warrant not exercised prior to the Expiration Date will be and become void and of no value.
(b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached to this Warrant as Appendix B (the "Exercise Notice"), appropriately completed and duly signed and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (as set forth in Section 4(c) below). The date such items are received by the Company is an "Exercise Date." Execution and delivery of the Exercise Notice will have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
(c) The Holder will pay the Exercise Price, at the sole election of the Holder, (i) in cash, by certified bank check payable to the order of the Company, or by wire transfer of immediately available funds in accordance with the Company's instructions or (ii) by presenting and surrendering to the Company this Warrant, in which event the Company will issue to the Holder the number of Warrant Shares determined as follows: X = Y [(A-B)/A] where:
Exercise and Duration of Warrants (a) This Warrant shall be exercisable by the registered Holder at any time and from time to time on or after the date hereof to and including the Expiration Date. At 6:30 P.M., New York City time on the Expiration Date, the portion of this Warrant not exercised prior thereto shall be and become void and of no value; provided that, if the average of the Closing Prices for the five Trading Days immediately prior to (but not including) the Expiration Date exceeds the Exercise Price on the Expiration Date, then this Warrant shall be deemed to have been exercised in full (to the extent not previously exercised) on a “cashless exercise” basis at 6:30 P.M. New York City time on the Expiration Date if a “cashless exercise” may occur at such time pursuant to Section 10 below.
(b) A Holder may exercise this Warrant by delivering to the Company (i) an exercise notice, in the form attached hereto (the “Exercise Notice”), appropriately completed and duly signed, and (ii) payment of the Exercise Price for the number of Warrant Shares as to which this Warrant is being exercised (which may take the form of a “cashless exercise” if so indicated in the Exercise Notice and if a “cashless exercise” may occur at such time pursuant to this Section 10 below), and the date such items are delivered to the Company (as determined in accordance with the notice provisions hereof) is an “Exercise Date.” The Holder shall not be required to deliver the original Warrant in order to effect an exercise hereunder. Execution and delivery of the Exercise Notice shall have the same effect as cancellation of the original Warrant and issuance of a New Warrant evidencing the right to purchase the remaining number of Warrant Shares.
COMMENCEMENT AND DURATION 3.1 This Agreement will commence on the 1 July 2019 and will remain in force until 30 June 2020, after which a new Performance Agreement and Performance Plan shall be concluded between the parties for the next financial year or any portion thereof.
3.2 The parties will review the provisions of this Agreement during June each year. The parties will conclude a new Performance Agreement and Performance Plan that replaces this Agreement at least once a year by not later than the beginning of each successive financial year.
3.3 This Agreement will terminate on the termination of the Employee’s contract of employment for any reason.
3.4 The content of this Agreement may be revised at any time during the above-mentioned period to determine the applicability of the matters agreed upon.
3.5 If at any time during the validity of this Agreement the work environment alters (whether as a result of government or council decisions or otherwise) to the extent that the contents of this Agreement are no longer appropriate, the contents shall immediately be revised.
EFFECTIVE DATE AND DURATION OF AGREEMENT Subject to ratification by the parties, which both parties agree to recommend to their respective principals: This Agreement shall be effective from the 1st day of November, 2015 and shall be valid until the 31th day of October, 2018, and thereafter from year to year unless a written notice is given by either party within the period of four months immediately preceding the date of expiration of the term of the Collective Agreement, of their desire to terminate this Agreement or negotiate a revision thereof, in which case this Agreement shall remain in effect without prejudice to any retroactive clause of a new Agreement until negotiations for revision or amendments hereto have been concluded and a new Agreement superseding this Agreement has been duly executed. The amendments to the Collective Agreement, unless otherwise agreed, are effective upon the date of ratification by the parties. Xxxx Xxxxxx Xxxxxxx Xxxxxxxx Grain and General Services Union Viterra Inc. Grain and General Services Union Viterra Inc. Grain and General Services Union Viterra Inc. Employees shall be paid in the following salary ranges according to their salary grade. An employee’s pay level within the range for the employee’s salary grade will be determined based on the employee’s demonstrated performance. In the event of job reclassification, employees will be moved into the appropriate salary grade and will be paid in accordance with the corresponding salary range. In cases where employees are being paid a wage/salary below that of the new salary range, they shall be brought up to the minimum of the new salary range. In cases where employees are being paid a wage/salary above that of the new salary range, their salary shall be red circled until such time as their wage/salary is within the salary range, however, they will be provided with a lump sum payment in lieu of their annual wage/salary increase. The Company reserves the right to implement employee retention programs, share purchase programs, incentive plans and market supplement programs in its sole and absolute discretion. VITERRA COMPENSATION STRUCTURE– NOVEMBER 1, 2015 Salary Grade Salary Range 1 $32,000 $54,000 2 $38,000 $64,000 3 $46,000 $78,000 4 $55,000 $93,000 5 $66,000 $112,000 Administrative Assistant 2 Asset Protection Trainer 4 Assistant Manager 4 Facility Assistant I 1 Facility Operations Manager Trainee 4 Facility Sales and Admin 1 Grain Logistics Coordinator 3 Grain Buyer Trainee 3 Grain Buyer 4 Manager Customer Service 5 Quality Assurance Coordinator 4 Seasonal Operations Worker 1 Automation Technician 4 Automation Analyst 5 Job Title Salary Grade Level Automation Specialist 5 Electrical Technician 3 Maintenance Journeyperson 4 Maintenance Supervisor 5 Maintenance Technician 3 The following adjustments will be made to compensation:
1. Effective January 1, 2016 the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 2%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
2. Effective January 1, 2017, the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 2%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
3. Effective January 1, 2018, the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 1.75%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year and position in their respective salary range.
4. Notwithstanding anything contained in this agreement, the payments referred to under paragraphs 1, 2 and 3 will be distributed to all eligible employees and will be based on demonstrated performance and position in their respective salary range. The only provisions of this Agreement applying to temporary and casual employees are outlined in this Schedule B.
1. Article 5 - Maintenance of Membership
2. Temporary employees shall be paid within the range according to their salary grade. Payment above these minimums shall be at the discretion of the Company.
3. A temporary employee as defined in Article 1.3 who is appointed to a Regular Full-Time or Part-Time position as defined in Articles 1.1 and 1.2 shall have his/her seniority recognized from the date the employee was first hired provided that there is no interruption of service.
4. Temporary employees shall be eligible to participate in the Company’s benefit plan provided their term is initially scheduled to be one year or at the point the term actually exceeds one year.
5. All other entitlements will be in accordance with the Canada Labour Code.
1. Four (4) shifts of ten (10) hours each per one (1) week period.
2. Four (4) shifts of nine (9) hours each and one (1) shift of four (4) hours per one (1) week period.
3. Seven (7) shifts of twelve (12) hours each per two (2) week period. (Includes four (4) overtime hours).
4. Fourteen (14) shifts of twelve (12) hours each per four (4) week period. (Includes eight (8) overtime hours).
Certification of eligibility a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Xxxxx-Xxxxx Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Xxxxx-Xxxxx Act or 29 CFR 5.12(a)(1).
