From January. 1st to May 31st, vacation requests shall be dealt with on a first come first served basis. In the event requests for this time frame are received on the same day from more than one employee for the same vacation period, they shall be dealt with in order of seniority. For this time frame only, requests may be received after November 1st of the preceding year.
From January. 1st through the Saturday of the second full week in January, regular part-time employees shall be offered helper work in seniority order at their current rate of pay or eigh- teen dollars ($18.00) per hour, whichever is greater. Additionally, inside helpers may be used outside the helper period cited above under the following conditions: 1. With a minimum of seven (7) days written notification to the Local Union a Center may use in- side helpers for a five (5) consecutive day period in a calendar year. 2. With notification to the Local Union a Center may use in- side helpers for an additional five (5) individual days in a calendar year. Under no circumstance will the use of helpers, under these provisions, exceed ten (10) days in a calendar year outside the helper period from November 15th through the Saturday of the second full week in January. During this period, these regular part- time employees shall be guaranteed three and one-half (3-1/2) hours of helper work or pay. Time and one-half (1-1/2) shall be paid after eight (8) hours of straight time work in any day. In the event additional staffing is required, the Company may utilize part-time package helpers hired between November 15th through December 31st as outlined above.
From January. 1, 2010, the Company shall keep and maintain, within its assets that are completely free and clear of any charges, pledges, attachments, liens, setoff rights, right claims, debts and liabilities to any third parties (other than in favor of Discount Bank), a reserve of cash and cash equivalents at a financial rate exceeding the sum total of the maturities, principal and interest, in the framework of the Financial Debt, whose payment due date is within a period of one year looking forward, all according to the Company’s Consolidated Financial Statements, at any point in time. The above covenants will be checked by the Bank every Quarter, with the exception of the covenant specified in Section 5.2.3, which will be checked by the Bank annually according to the financial statements as of the end of each calendar year.” EBITDA with respect to calculation of the ratio in Section 5.2.4 above shall be calculated by an aggregation of the last Quarter with the 3 prior consecutive Quarters (i.e., a year back). The Company undertakes to provide the Bank, concurrently with its financial statements as stated in Section 9 of the Main Agreement, with certification by its auditor, or certification by the CEO and/or CFO, whereby it meets all of the financial covenants according to the agreements with the Bank, while specifying the manner of calculation of the said financial covenants.
