Fundamental Decisions Clause Samples
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Fundamental Decisions. If either party to the Collective Agreement finds that a decision in a local disagreement may affect the fundamental principles underlying the whole area covered by the Collective Agreement, a request for handling of the disagreement by an organisational committee meeting may be made. If the request cannot be accepted, the request shall be deemed to be a request for conciliation.
Fundamental Decisions. Anything in this Agreement to the contrary notwithstanding, none of the Members, the Board or Administrative Member shall, without the prior written consent of the specific act by all the Members (which shall be deemed given by a Member if all of the Managers appointed by such Member approve such act as a Material Decision) given in accordance with this Agreement or by other written instrument executed and delivered by all the Members subsequent to the date of this Agreement, in each case, regardless of whether a Member is a Defaulting Member, cause or permit the Company or any Subsidiary to take any actions or decisions constituting a Fundamental Decision.
Fundamental Decisions. (a) In addition to any other approval required by applicable Legal Requirements or this Agreement, Fundamental Decisions are reserved to the Members, and none of the Company, the Managing Member, the Manager or any officer, employee or agent thereof shall do or take or make or approve any Fundamental Decision without a Supermajority Vote.
(b) The decision of each Member as to whether or not to consent to any Fundamental Decision shall be in the sole discretion of such Member. A Member will be deemed to have consented if no written response manifesting an unambiguous approval or rejection is received from that Member within ten Business Days of delivery to that Member of a request for consent. A request for consent shall be sent by the Manager to each Member as provided in Section 13.1.
Fundamental Decisions. The term “Fundamental Decisions” shall have the meaning set forth in Annex I.
Fundamental Decisions. LTD rights will be diminished upon the IPO as provided in the Control Rights Matrix above, with items identified as Fundamental Decisions remaining subject to LTD approval following the IPO unless otherwise provided in the Control Rights Matrix.
Fundamental Decisions. LTD has a blocking right to the extent set forth above. Post-IPO Board Consent Rights: The Caliber REIT will have a Board of Directors consisting of 7 directors, one of which will be designated by LTD and four of which will be independent directors. Caliber REIT shall establish a Conflicts Committee comprised of the Independent Directors. Post-IPO, the Board consent rights at the Caliber REIT should mirror the Limited Partner consent rights as follows:
Fundamental Decisions. Neither the Company nor any Subsidiary shall, and no officer, employee or Manager of the Company or any Subsidiary shall have the power or authority to cause the Company or any Subsidiary to, without the prior approval of the Board of Managers in accordance with Section
Fundamental Decisions. The approval of the respective Council of each Party, or any person designated by the Council of a Party, shall be required for any fundamental decision(s) (“Fundamental Decision”) affecting the Lands, including but not limited to:
a. Any uses other than for municipal purposes.
b. Approval of tenants or sub-tenants.
c. Sale or other disposition of the Lands.
d. Approval of the Operating Budget.
e. Approval of the Capital Expenditure Budget.
f. Any material expenditure for the benefit of the Facility as determined by the Parties’ financial representatives on the Management Committee, during a given budgetary year other than: (i) expenditures authorized pursuant to the approved Operating or Capital Expenditure Budgets; or (ii) emergency purchases.
Fundamental Decisions. (a) In addition to any other approval required by applicable Legal Requirements or this Agreement, Fundamental Decisions are reserved to the Members, and none of the Company, the Managing Member, or any officer, employee or agent thereof shall do or take or make or approve any Fundamental Decision without a Super-majority Vote.
(b) The decision of each Member as to whether or not to consent to any Fundamental Decision shall be in the sole discretion of such Member. A request for consent shall be sent by the Managing Member to each Member as provided in Section 13.1. A Member will be deemed to have consented if no written response is received from that Member within fourteen (14) Business Days of the confirmed delivery date of a request for consent sent to such Member. The Managing Member shall make reasonable efforts to confirm the actual delivery date to the Class B Member by obtaining an email acknowledgement that such consent request was received and is under review; provided, however, that such fourteen (14) Business Days shall be extended for a reasonable period to the extent requested by the Class B Member, it being understood that reasonable requests for additional information by such Member shall be treated as a valid extension request extending through such time as the supplementary information is provided, and such Member is actively reviewing it and has had a reasonable amount of time to evaluate such information in light of the consent being requested.
Fundamental Decisions. Notwithstanding the provisions of Section 3.3, the prior written approval of each of PE Member and Common Member will be required to permit or cause the Company to take any action or make any decision that would constitute a Fundamental Decision. Any request to PE Member or Common Member for the approval of a Fundamental Decision shall be made in writing. The term “Fundamental Decision” as used in this Agreement shall mean any decision which involves each of the following matters: