Involuntary Transfers Any transfer of title or beneficial ownership of Interests or Special Membership Interests, as applicable, upon default, foreclosure, forfeit, divorce, court order or otherwise than by a voluntary decision on the part of a Management Member, Outside Investor Member or Other Investor Member (each, an "Involuntary Transfer") shall be void unless such Management Member, Outside Investor Member or Other Investor Member complies with this Section 13.6 and enables the Company to exercise in full its rights hereunder. Upon any Involuntary Transfer, the Company shall have the right to purchase such Interests or Special Membership Interests, as applicable, pursuant to this Section 13.6 and the person or entity to whom such Interests or Special Membership Interests, as applicable, have been Transferred (the "Involuntary Transferee") shall have the obligation to sell such Interests or Special Membership Interests, as applicable, in accordance with this Section 13.6. Upon the Involuntary Transfer of any Interest or Special Membership Interests, as applicable, such Management Member, Outside Investor Member or Other Investor Member shall promptly (but in no event later than two days after such Involuntary Transfer) furnish written notice to the Company indicating that the Involuntary Transfer has occurred, specifying the name of the Involuntary Transferee, giving a detailed description of the circumstances giving rise to, and stating the legal basis for, the Involuntary Transfer. Upon the receipt of the notice described in the preceding sentence, and for 60 days thereafter, the Company shall have the right to purchase, and the Involuntary Transferee shall have the obligation to sell, all (but not less than all) of the Interests and Special Membership Interests acquired by the Involuntary Transferee for a purchase price equal to the lesser of (i) the Fair Market Value of such Interests or Special Membership Interests, as applicable, and (ii) the amount of the indebtedness or other liability that gave rise to the Involuntary Transfer plus the excess, if any, of the Carrying Value of such Interests or Special Membership Interests, as applicable, over the amount of such indebtedness or other liability that gave rise to the Involuntary Transfer. For purposes of this Agreement, "Carrying Value", with respect to any outstanding Special Membership Interest, means the value equal to the Special Membership Interest Funds advanced by the applicable selling Management Member, Outside Investor Member or Other Investor Member in respect of any such outstanding Special Membership Interest (plus any portion of accrued and unpaid interest on the applicable pro rata outstanding portion of the Bulk Advances that is allocable to the applicable Member pursuant to Section 10.8), less principal amounts paid to such Member in respect of such Member's Special Membership Interest.
Voluntary Transfers 12.1 A request for transfer request form will be sent to all certificated staff via district email prior to filling any certificated vacancies represented by the association for the ensuing school year, arising prior to four weeks before the first day of school. All non teaching certificated positions represented by RTA will be posted for a minimum of 5 days on Edjoin.
12.1.1 A vacancy is defined as any vacated, promotional, or newly created position, including positions created by reconfiguration or restructuring, or new school sites, and any supplemental instructional programs offered by the District.
12.2 Unit members may apply for a vacancy on district prescribed forms or through the Edjoin application process. Any application for vacancy shall remain valid for the school year in which it is filed.
12.2.1 A vacancy notice shall contain the following: ● A closing date, which is at least five (5) working days following the posting date ● A job title ● Credentials and qualifications necessary to meet the requirements of the positions Vacancies shall not be filled until after the closing date.
12.3 All qualified applicants applying for a vacancy shall be given consideration by the District. Unit members shall be given first consideration over outside applicants for vacancies posted pursuant to 12.1 above. The selection of the candidate to fill a position shall be made by the administration taking into consideration the following factors: Training Special Skills and Strengths Credentialing Performance in Interview Performance Evaluations Needs of the District and/or school Experience If these factors are equal between two or more qualified applicants, as determined by the District, experience shall be a priority consideration. The District’s determination shall be final.
12.4 If an applicant’s request for voluntary transfer is denied, the applicant shall be granted, upon request, a meeting with the administrator who denied the request to discuss the reasons for the denial. Written reasons for the denial will be provided upon request.
12.5 The application for a voluntary transfer shall not jeopardize the unit member’s current assignment. A request for transfer may be withdrawn by the unit member making it at any time, unless commitment for replacement has been made by the District.
