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Jointly Administered Sample Clauses

Jointly AdministeredASSET PURCHASE AGREEMENT BY AND AMONG J. BAKER, INC. (OR A PERMITTED DESIGNEE(S) THEREOF), AS PURCHASER, AND EDISON BROTHERS STORES, INC., EDISON BROTHERS APPAREL STORES, INC., AND REPP LTD. BIG & TALL, AS SELLXXX ASSET PURCHASE AGREEMENT BY AND AMONG
Jointly AdministeredSTIPULATION AND ORDER AUTHORIZING DEBTORS TO OBTAIN POST-PETITION SURETY BONDS AND TO ENTER INTO INDEMNITY AGREEMENT AND INTERCREDITOR AGREEMENT This Stipulation and Order is made by and among (a) Philxx Xxxvices Corp. ("PSC"), its wholly-owned subsidiary, Philxx Xxxvices (Delaware), Inc. ("PSI") and certain of PSC's subsidiaries incorporated in the United States, each as a debtor and debtor in possession (each a "Debtor" and collectively, the "Debtors"), (b) the lenders party to the Credit Agreement dated as of August 11, 1997, as amended from time to time through the Petition Date, as defined below (as amended, the "Pre-Petition Credit Agreement") among the Debtors, Canadian Imperial Bank of Commerce ("CIBC"), as Administrative Agent (in such capacity, the "Pre-Petition Administrative Agent"), Bankers Trust Company ("BTCo"), as Syndication Agent, and CIBC and BTCo, as Co-Arrangers (CIBC and BTCo collectively, the "Pre-Petition Agents") and the various lenders from time to time parties thereto (collectively, the "Pre-Petition Lenders"), (c) BTCo, as agent (in such capacity, the "DIP Agent") and a syndicate of financial institutions arranged by CIBC and BTCo (including the DIP Agent, the "DIP Lenders"); (d) CIBC, as a holder of Account Intermediary Receivable Liens and Other Account Intermediary Liens and 616 Comerica, as a holder as a holder of Account Intermediary Receivable Liens and Other Account Intermediary Liens and (e) London Guarantee Insurance Company, CNA Surety Corporation, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, Pennsylvania, The Continental Insurance Company, Commercial Insurance Company of Newark, New Jersey and Firemen's Insurance Company of Newark, New Jersey (with their respective co-sureties and reinsurers, collectively the "Surety Participants"). Findings of Fact and Conclusions of Law THE COURT HEREBY FINDS:
Jointly Administered x ------------------------------------------------------------------------x In re : Chapter 11 SEMGROUP HOLDINGS, L.P., : Case No. 08-12504 (BLS) Debtor. : Joint Administration ------------------------------------------------------------------------x 1) Pursuant to sections 105(a) and 363(b) of the Bankruptcy Code, the Debtors and the SGLP Parties are authorized to enter into the New Agreements. The New Agreements, in substantially similar form to the copies filed with the Court on March 24, 2009, including, but not limited to, the mutual releases, the Terminalling Agreement Allowed Claim, and the Throughput Agreement Allowed Claim contemplated by the Master Agreement, are approved in their entirety; provided, however that the New Agreements shall only become effective upon the closing of the Transactions contemplated by the Term Sheet (the “Closing”). If the New Agreements do become effective, then they may be modified, amended, or supplemented without further order of the Court; provided, however, that any such modification, amendment, or supplement is neither material nor changes the economic substance of the transactions contemplated therein. 2) As of and subject to Closing, SemMaterials Energy Partners, L.L.C. (“SMEP”) shall have an allowed general unsecured claim against SemMaterials, KC Asphalt, and SemGroup (joint and several) in the amount of $35,000,000 as a result of the rejection of the Terminalling and Storage Agreement; provided, however, that SMEP shall be entitled to only one satisfaction on account thereof. 3) As of and subject to Closing, SGEP and SGLP together shall have a single allowed general unsecured claim against SemCrude, Eaglwing, and SemGroup (joint and several) in the amount of $20,000,000 as a result of the rejection of the Throughput Agreement; provided, however, that SGEP and SGLP shall be entitled to only one satisfaction on account thereof. 4) In order to consummate the Transactions contemplated by the Settlement (as defined in the First Order), the Debtors are authorized to create a new subsidiary (“Newco”) and the Debtors are further authorized, solely in connection with the Closing, to transfer all or any portions of the Transferred Assets (as defined in the First Order), but no other assets, to Newco free and clear of any liens, claims or encumbrances, if any, with any and all such valid and perfected liens, claims or encumbrances to attach to the Debtors' ownership interests in Newco with the same validity, priority, ...

Related to Jointly Administered

  • Orally Administered Anticancer Medication In accordance with RIGL § 27-20-67, prescription drug coverage for orally administered anticancer medications is provided at a level no less favorable than coverage for intravenously administered or injected cancer medications covered under your medical benefit.

  • PAY ADMINISTRATION 43.01 Except as provided in this Article, the Public Service Terms and Conditions of Employment Regulations, and the Regulations Respecting Pay on Reclassification and Conversion as these Regulations exist on the date of the signing of this Agreement governing the application of pay to employees are not affected by this Agreement. 43.02 An employee is entitled to be paid for services rendered at: (a) the pay specified in Appendix A for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's document of appointment, or (b) the pay specified in Appendix A for the classification prescribed in the employee's document of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide. (a) The rates of pay set forth in Appendix A shall become effective on the dates specified therein. (b) Where the rates of pay set forth in Appendix “A” have an effective date prior to the date of signing of this Agreement, the following shall apply: (i) “retroactive period” for the purpose of sub-paragraphs (ii) to (iv) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore; (ii) a retroactive upward revision in rates of pay shall apply to employees, including initial appointments, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period; (iii) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, such that the recalculated rate of pay equals the sum of the rate of pay the employee was previously receiving, plus any retroactive upward revision to that previous rate of pay, plus the same percentage increase, if any, in the rate of pay that the employee received at the time of promotion, demotion, deployment, transfer, or acting situation; (iv) no payment nor notification shall be made pursuant to paragraph 43.03(b) for one dollar ($1.00) or less. 43.04 When an employee is required by the Employer to perform the duties of a higher classification level on an acting basis for a period of at least five (5) consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

  • REGULATORY ADMINISTRATION SERVICES BNY Mellon shall provide the following regulatory administration services for each Fund and Series:  Assist the Fund in responding to SEC examination requests by providing requested documents in the possession of BNY Mellon that are on the SEC examination request list and by making employees responsible for providing services available to regulatory authorities having jurisdiction over the performance of such services as may be required or reasonably requested by such regulatory authorities;  Assist with and/or coordinate such other filings, notices and regulatory matters and other due diligence requests or requests for proposal on such terms and conditions as BNY Mellon and the applicable Fund on behalf of itself and its Series may mutually agree upon in writing from time to time; and

  • Policy Administration The Company shall provide all required, necessary and appropriate claims, administrative and other services with respect to the Policies. The Company shall use reasonable care in its administration and claims practices with respect to the Policies and in administering and performing its duties under this Agreement and such practices, administration and performance shall (a) conform with Applicable Law; (b) not be fraudulent; and (c) be no less favorable than those used by the Company with respect to other policies of the Company not reinsured by the Reinsurer.

  • Clinical Management for Behavioral Health Services (CMBHS) System 1. request access to CMBHS via the CMBHS Helpline at (000) 000-0000. 2. use the CMBHS time frames specified by System Agency. 3. use System Agency-specified functionality of the CMBHS in its entirety. 4. submit all bills and reports to System Agency through the CMBHS, unless otherwise instructed.

  • Project Manager, County The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient.

  • Salary Administration Section 1. Salary eligibility date is defined as the date an employee is eligible for an annual performance pay increase. The salary eligibility date is computed from the date of hire. Employees shall be eligible for annual performance pay increases on the employees' salary eligibility date provided the employee is not at the top step of the salary range of the employees' classification. The employee may be denied the annual performance pay increase if there has been a serious performance or attendance problem. Denials are subject to review within six (6) months. Denials may be grieved under the provisions of Article 51. Section 2. Any employee requiring an emergency draw shall be authorized once during the term of this Agreement to make such a draw without explanation. Additional draws may be requested in accord with existing policy and will be considered on a case-by-case basis.

  • Specialists Persons working within a juridical person who possess uncommon knowledge essential to the commercial presence’s production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the commercial presence, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

  • Government Programs The Property is subject to the government programs listed below or on the attached exhibit:

  • MANAGEMENT FUNCTIONS B.1 The Association recognizes that the management of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital except as specifically limited by the provisions of this Agreement and, without restricting the generality of the foregoing, the Association acknowledges that it is the exclusive function of the Hospital to: (a) maintain order, discipline and efficiency; (b) hire, assign, retire, discharge, direct, promote, demote, classify, transfer, lay- off, recall, and suspend or otherwise discipline nurses, provided that a claim of discharge or discipline without just cause may be the subject of a grievance and dealt with as hereinafter provided; (c) determine, in the interest of efficient operation and high standards of service, job rating and classification, the hours of work, work assignments, methods of doing the work, and the working establishment for the service; (d) generally to manage the operation that the Hospital is engaged in and, without restricting the generality of the foregoing, to determine the number of personnel required, methods, procedures, and equipment in connection therewith; (e) make, enforce, and alter from time to time reasonable rules and regulations to be observed by the nurses which are not inconsistent with the provisions of this Agreement. B.2 These rights shall not be exercised in a manner inconsistent with the provisions of this Agreement.