Implementation of the Plan Sample Clauses

Implementation of the Plan. 1. Seller hereby appoints Cantor to sell shares of Stock pursuant to the terms and conditions set forth below. Subject to such terms and conditions, Cantor hereby accepts such appointment. 2. Cantor is authorized to begin selling Stock pursuant to this Sales Plan commencing on the date hereof and ending on the earlier of (i) the termination of this Sales Plan in accordance with Section E below or (ii) two business days after receipt of notice of the commencement of any proceedings in respect of or triggered by the Seller's bankruptcy, liquidation or insolvency. (a) Cantor is directed to sell shares of Stock pursuant to this Sales Plan in accordance with trading requirements adopted by the Seller and to be delivered in writing to Cantor by separate letter (the “Trading Instructions”). The prices indicated in the Trading Instructions are gross prices before deduction of commissions (which shall be $0.015 per share) or xxxx-down. (b) Subject to the parameters set forth in the Trading Instructions hereto and the other applicable provisions of this Sales Plan, Cantor shall sell the Stock under ordinary principles of best execution. (c) The amounts set forth in the Trading Instructions shall be adjusted automatically on a proportionate basis to take into account any stock split, reverse stock split or stock dividend with respect to the Stock or any similar transaction with respect to the Issuer’s stock that occurs during the Sales Plan. (d) Seller understands that Cantor may not be able to effect a sale due to a market disruption or a legal, regulatory or contractual restriction applicable to Cantor or any other event or circumstance (a “Blackout”). Seller also understands that even in the absence of a Blackout, Cantor may be unable to effect sales consistent with ordinary principles of best execution due to insufficient volume of trading, failure of the Stock to reach and sustain a limit order price, or other market factors in effect on the date of a sale. (e) Seller and Cantor agree that if Issuer enters into a transaction that results, in Issuer’s good faith determination, in the imposition of trading restrictions on the Seller, such as a tender offer, material business combination or stock offering requiring an affiliate lock-up (“Issuer Restriction”), and if Issuer and Seller shall provide Cantor at least three (3) days’ prior written notice signed by Issuer and Seller and confirmed by telephone of such trading restrictions then Cantor will cease effecting ...

Implementation of the Plan. The Plan shall be effective for the fiscal period of the Corporation ending December 31, 1998 and shall continue for subsequent fiscal years of the Corporation, subject to the right to amend or terminate the Plan pursuant to Section H hereof.

Implementation of the Plan. The financial arrangements for funding the year of leave shall be arranged by mutual agreement between the Teacher and the Board: a) Each Teacher in the Plan shall sign an agreement with the Board. The agreement shall specify the terms and conditions agreed to by the Teacher and the Board. b) A trust account will be established by the Board at a chartered bank for each participant in the Plan. The money to be deducted from each participant’s bi- weekly pay will be deposited to this account where it shall be retained and accumulate interest until the year of the leave or the dissolution of the agreement between the Board and the Teacher. c) In each year of the Plan, preceding the year of the leave, a Teacher will deposit a percentage of the appropriate grid salary and applicable allowances in accordance with the agreement. d) During the year of leave the accumulated funds in the Teacher’s account will be paid to the Teacher. Subject to the conditions of the insurance carrier, a Teacher may continue coverage of existing benefits in accordance with Article 12 for the year of the leave under this Plan by paying 100% of the premiums.

Implementation of the Plan. (a) I hereby appoint the Company to appoint a broker (the “Broker”) to sell Shares pursuant to the terms and conditions set forth below. (b) The Broker is authorized to begin selling Shares pursuant to this Sales Plan commencing on the date that the first Shares under the Equity Award vest or at the time a tax withholding obligation arises with respect to the Equity Award. The Broker will sell such number of Shares as will be required to satisfy (i) any applicable Taxes in accordance with my then current applicable withholding rate (including any supplemental rate), and (ii) any associated broker or other fees. (c) I understand that the Broker may not be able to effect a sale due to a market disruption or a legal, regulatory or contractual restriction applicable to the Broker or any other event or circumstance (a “Blackout”). I also understand that even in the absence of a Blackout, the Broker may be unable to effect sales consistent with ordinary principles of best execution, due to insufficient volume of trading, or other market factors in effect on the date of a sale. I agree that neither the Company and its affiliates and their directors, officers, employees, and agents nor the Broker and its affiliates and their directors, officers, employees, and agents (collectively, “Persons”) will have any liability whatsoever to me for any action taken or omitted to be taken in connection with the Sales Plan, the making of any sale, or any amendment, modification or termination of this Sales Plan, unless such liability is determined in a non-appealable order of a court of competent jurisdiction to have resulted solely from the gross negligence, willful misconduct or bad faith of the Person. I further agree to hold each Person free and harmless from any and all losses, damages, liabilities or expenses (including reasonable attorneys’ fees and costs) incurred or sustained by such Person in connection with or arising out of any suit, action or proceeding relating to this Sales Plan, any sale, or any amendment, modification or termination of this Sales Plan (each an “Action”) and to reimburse each Person for its expenses, as they are incurred, in connection with any Action, unless such loss, damage, liability or expense is determined in a non-appealable order of a court of competent jurisdiction to be solely the result of such Person’s gross negligence, willful misconduct, or bad faith. (d) The Company is authorized to make special handling trade services available t...

Implementation of the Plan i) Within thirty (30 days) of OCR's approval of the complete Plan, the District will submit a complete, final copy of the Plan to OCR, and begin implementing all terms of the Plan. The District will implement the specific Plan provisions in accordance with the policies, procedures, and time frames specified in the Plan. ii) Within sixty (60) days of OCR's approval of all terms of the Plan, the District will: (1) Provide documentation to demonstrate that all school site administrators have received a copy of the Plan; (2) Provide a training agenda for administrators and staff regarding the implementation of the Plan (including training dates and training responsibilities); and (3) In a newsletter or other similar document or process that is used for parent notifications, notify parents and guardians of all District students (in a language they understand) that the District has developed a Plan to ensure that national-origin minority EL students have equal and meaningful access to the District's educational services. iii) The District will provide OCR with supporting documentation of each item of the Plan, at dates to be determined by OCR. The first reporting data of implementation for each plan issue item will be due to OCR by January 30, 2018.

Implementation of the Plan. 1. Seller hereby appoints Xxxxxx Xxxxxxx to sell shares of Stock pursuant to the terms and conditions set forth below. Subject to such terms and conditions, Xxxxxx Xxxxxxx hereby accepts such appointment. 2. Xxxxxx Xxxxxxx is authorized to begin selling Stock pursuant to this Sales Plan on and shall cease selling Stock on the earliest to occur of (i) the date on which Xxxxxx Xxxxxxx is required to suspend or terminate sales under the Sales Plan pursuant to paragraph D.1 below, (ii) the date on which Xxxxxx Xxxxxxx receives notice of the death of Seller, (iii) the date on which the Issuer or any other person publicly announces a tender or exchange offer with respect to the Stock or a merger, acquisition, reorganization, recapitalization or comparable transaction affecting the securities of the Issuer as a result of which the Stock is to be exchanged or converted into shares of another company, (iv) the date on which Xxxxxx Xxxxxxx receives notice of the commencement or impending commencement of any proceedings in respect of or triggered by Seller’s bankruptcy or insolvency and (v) (specify one or more occurrences that will xxxx the last day on which sales may occur): ¨ (insert specific date) and ¨ the date that the aggregate number of shares of Stock sold pursuant to this Sales Plan reaches shares (the “Total Sales Amount”) (the “Plan Sales Period”). (a) During the Plan Sales Period, Xxxxxx Xxxxxxx shall sell the Daily Sale Amount (as defined below) for the account of Seller on each Sale Day (as defined below), subject to the following restrictions, if desired: ¨ Xxxxxx Xxxxxxx shall not sell any shares of Stock pursuant to this Sales Plan at a price of less than $ per share (before deducting any commission, commission equivalent, xxxx-up or differential and other expenses of sale) (the “Minimum Sale Price”). ¨ (insert other restrictions)__________________________________________________ ______________________________________________________________________________________________________________ _________________________________________. (b) A “Sale Day” is (specify the days on which Xxxxxx Xxxxxxx is to sell Stock, e.g., “each Trading Day” or “the first Monday of each month”) every during the Plan Sales Period, provided that if any Sale Day is not a Trading Day, such Sale Day shall be deemed to fall on the next succeeding Trading Day. A “Trading Day” is any day during the Plan Sales Period that the Nasdaq National Market (the “Principal Market”) is open f...

Implementation of the Plan. To implement the Plan Term Sheet, the Debtors hereby agree to use their commercially reasonable efforts to: (a) effectuate and consummate the Restructuring on the terms contemplated by this Agreement, the Plan Term Sheet and the Plan; (b) file the Plan and the Disclosure Statement with the Bankruptcy Court on or before 5 days after the date on which the Debtors file the Chapter 11 Cases with respect to the Restructuring in the Bankruptcy Court (the “Petition Date”), or such later date as may be mutually agreed upon by Group and by each of (i) the Requisite Holding Noteholders and (ii) the Requisite Second Lien Noteholders (the “Filing Date”); (c) obtain entry by the Bankruptcy Court of an order approving the Disclosure Statement on or before 40 days following the Filing Date, or such later date as may be mutually agreed upon by Group and by each of (i) the Requisite Holding Noteholders and (ii) the Requisite Second Lien Noteholders; (d) solicit the requisite acceptances of the Plan in accordance with section 1125 of the Bankruptcy Code on or before 75 following the Filing Date, or such later date as may be mutually agreed upon by Group and by each of (i) the Requisite Holding Noteholders and (ii) the Requisite Second Lien Noteholders; (e) move the Bankruptcy Court to enter the Confirmation Order on or before 90 days following the Filing Date, or such later date as may be mutually agreed upon by Group and by each of (i) the Requisite Holding Noteholders and (ii) the Requisite Second Lien Noteholders; and (f) take no actions materially inconsistent with this Agreement, the Plan Term Sheet and the Plan or the expeditious confirmation and consummation of the Plan; provided, however, that the Debtors shall have distributed such documents referenced in this Section 2.1 (which shall include the Plan, the Disclosure Statement and the Confirmation Order), the First Day Orders, and any documents, motions and orders that are material to the Restructuring and the Chapter 11 Cases, and which shall not include any documents, motions and orders that are immaterial or primarily covering case administration issues, and afforded reasonable opportunity for comment and review to the respective legal and financial advisors for the Consenting Noteholders in advance of any filing thereof. The Debtors shall not seek to implement any transaction or series of transactions that would effect a restructuring of the Debtors on terms other than the terms set forth in this Agreement and ...

Implementation of the Plan. The Debtors shall use their commercially reasonable efforts to: (a) effectuate and consummate the Restructuring on the terms contemplated by the Plan, the First Lien Term Sheet, the Second Lien Term Sheet and the Rights Offering Term Sheet; (b) file a disclosure statement relating to the Plan in form and substance reasonably acceptable to the Debtors, Sopris, the First Lien Administrative Agent and the Second Lien Administrative Agent along with a motion seeking its approval by the Bankruptcy Court within the time frame set forth in this Agreement; (c) implement all steps necessary and desirable to obtain the Confirmation Order within the time frame set forth in this Agreement, which Confirmation Order shall be materially consistent with the Plan, the First Lien Term Sheet, the Second Lien Term Sheet and the Rights Offering Term Sheet; and (d) take no actions inconsistent with this Agreement, the Plan, the First Lien Term Sheet, the Second Lien Term Sheet or the Rights Offering Term Sheet or the expeditious Confirmation and Consummation of the Plan.

Implementation of the Plan. The financial arrangements for funding the year of leave shall be arranged by mutual agreement between the employee and the Board: a) Each employee in the Plan shall sign an agreement with the Board. The agreement shall specify the terms and conditions agreed to by the employee and the Board. b) An account will be established with Your Credit Union for each participant in the Plan. The money to be deducted from each participant’s bi-weekly pay will be deposited to this account where it shall be retained and accumulate interest until the year of the leave or dissolution of the agreement between the Board and the employee. c) During the year of leave, the employee shall withdraw accumulated funds in the employee’s account. Subject to the conditions of the insurance carrier, an employee may continue coverage of existing benefits in accordance with Article 24 for the year of leave under this Plan by paying 100% of the premiums.

Implementation of the Plan. The parties agree to implement the watershed plan.