New Participants. (a) Any Person approved by the Commission as a national securities exchange or national securities association under the Exchange Act after the Effective Date may become a Participant by submitting to the Company a completed application in the form provided by the Company. As a condition to admission as a Participant, said Person shall: (i) execute a counterpart of this Agreement, at which time Exhibit A shall be amended to reflect the status of said Person as a Participant (including said Person’s address for purposes of notices delivered pursuant to this Agreement); and (ii) pay a fee to the Company in an amount determined by a Majority Vote of the Operating Committee as fairly and reasonably compensating the Company and the Participants for costs incurred in creating, implementing, and maintaining the CAT, including such costs incurred in evaluating and selecting the Initial Plan Processor and any subsequent Plan Processor and for costs the Company incurs in providing for the prospective Participant’s participation in the Company, including after consideration of the factors identified in Section 3.3(b) (the “Participation Fee”). The amendment to this Agreement reflecting the admission of a new Participant shall be effective only when: (x) it is approved by the Commission in accordance with SEC Rule 608 or otherwise becomes effective pursuant to SEC Rule 608; and (y) the prospective Participant pays the Participation Fee. Neither a prospective Participant nor any Affiliate of such prospective Participant that is already a Participant shall vote on the determination of the amount of the Participation Fee to be paid by such prospective Participant. Participation Fees paid to the Company shall be added to the general revenues of the Company.
(b) In determining the amount of the Participation Fee to be paid by any prospective Participant, the Operating Committee shall consider the following factors:
(i) the portion of costs previously paid by the Company for the development, expansion and maintenance of the CAT which, under GAAP, would have been treated as capital expenditures and would have been amortized over the five (5) years preceding the admission of the prospective Participant;
(ii) an assessment of costs incurred and to be incurred by the Company for modifying the CAT or any part thereof to accommodate the prospective Participant, which are not otherwise required to be paid or reimbursed by the prospective Participant;
(iii) Participation Fees paid ...
New Participants. Upon the Coordinating Committee’s acceptance of a New Participant, the Coordinating Committee shall have the New Participant execute a Joinder Agreement, the form of which is attached hereto as Attachment 7. The Participants agree that upon execution of the Joinder Agreement by a duly authorized representative of the Coordinating Committee, all then-current Participants shall be deemed to be signatories to the Joinder Agreement with the result being that current Participants and the New Participant are all bound by this Agreement. The New Participant shall not be granted the right to Transact Message Content until both it and the Coordinating Committee execute the Joinder Agreement.
New Participants. The automatic deferral provisions apply to all eligible Participants who do not enter into a Salary Deferral Election (including an election not to defer) and who: 🞎 (A) become Participants on or after the effective date of the automatic deferral provisions. 🞎 (B) are hired on or after the effective date of the automatic deferral provisions.
New Participants. Each Employee whose Entry Date is on or following the Automatic Deferral Effective Date.
New Participants. In the event an individual becomes a Participant and is eligible for an Annual Incentive Award during a Performance Period, such Annual Incentive Award shall be prorated to reflect the period of time the individual was employed in the Performance Period.
New Participants. 5.1 A person that is not a Party to this Agreement may apply to AEMO to become a Party to this Agreement (New Participant) if it is eligible to do so. A New Participant will be eligible only if the person:
(a) is a WA Gas Retail Market Participant who is lawfully entitled to carry on that business;
(b) honestly and accurately provides to AEMO the information required under clause 5.2;
(c) is not being wound up in accordance with the Corporations Act 2001 (Cth);
(d) is not immune from liabilities incurred under this Agreement or as a Scheme Participant;
(e) is capable of being sued in its own name in a court of competent jurisdiction; and
(f) agrees in writing to become bound by the terms and conditions of this Agreement. (Eligible)
5.2 An application by a New Participant under clause 5.1 must be in the form of an admission note as annexed in the Annexure and must:
(a) specify the name and ABN (if applicable) of the New Participant;
(b) specify whether the New Participant is a Gas Distribution Operator, a Retail Gas Operator or a Self-Contracting User;
(c) state that the New Participant is applying to become a Party to this Agreement; and
(d) be signed by an authorised officer of the New Participant. (Admission Note).
5.3 An Admission Note is an offer from the New Participant to the Parties (being AEMO and each WA Gas Retail Market Participant who was initially a Party to this Agreement and each WA Gas Retail Market Participant subsequently joining this Agreement under this clause 5) to amend this Agreement to add the New Participant as one of the Parties.
5.4 AEMO must accept an Admission Notice if the New Participant is Eligible. If AEMO is not satisfied a New Participant is Eligible (acting reasonably), it may reject or defer consideration of an Admission Note.
5.5 If a New Participant provides AEMO with an Admission Note, and AEMO provides written confirmation to the New Participant before 5:00 PM on the 10th Business Day after the notice is given (Deadline) that the Admission Note has been accepted, then the Parties are deemed by this clause 5.5 to have agreed irrevocably to the offer referred to in clause 5.3, and, subject to approval of the ERA, this Agreement is amended from the Deadline or such date as approved by the ERA to add the New Participant as one of the Parties.
New Participants. Any time there is a newly qualified employee eligible to participate in the PMD Program, and there is less than the maximum number of participants in the PMD Program, the newly qualified employee shall be admitted to the PMD Program. In the event the program is already at the maximum number of two (2) participants, the City will offer the option of accepting an IDR to the employee with the greatest City of Anaheim seniority (of the three employees, the two participants in the program and the new third newly qualified employee). The threshold limit of two (2) positions will be maintained. In the event that the employee with the greatest city of Anaheim seniority (of the three employees) wishes to enter the program, the City will offer the option of accepting an IDR in the order of seniority to the two current members in the program.
New Participants. At any time after the Effective Date, the Committee may provide that other Employees shall be eligible to participate in the Plan on the terms and conditions that the Committee determines appropriate for such Employee. Any such Employee shall be provided with an individual Award Agreement evidencing their participation in the Plan. Any Employee designated as a Participant in the Plan shall not become a Participant in the Plan until the first day of the Plan Year that first occurs on or after such individual’s designation as a Participant in the Plan.
New Participants. Each Full-time Employee and Part-time Employee of a Participating Unit shall be eligible to participate in the Plan as soon as administratively practicable after the date on which the Participant performs his first Hour of Service with the Employer.
New Participants. Each new Participant, as a condition to its becoming a party to the Plan, shall be required to subscribe in writing to the terms and conditions of this Agreement and to authorize OPRA to take action on its behalf in respect to this Agreement.
