NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. The employee is paid 100% of their earnings during the working period.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. The Employer –
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. The Board reserves the sole right to hire and place employees subject only to the reservations as contained in this Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. Creditor hereby acknowledges and agrees that (i) Creditor does not have any lien on or security interest in any property of Borrower, whether now owned or hereafter acquired, including, without limitation, the “Collateral” as defined in the Loan Agreement, (ii) Borrower is prohibited from granting to the Creditor any lien on, security interest in, or negative pledge with respect to, any property of Borrower, whether now owned or hereafter acquired, including, without limitation, the Collateral and (iii) the Creditor shall not take any lien on, security interest in, or negative pledge with respect to, any property of Borrower, whether now owned or hereafter acquired, including, without limitation, the Collateral. In furtherance of the foregoing, Creditor hereby subordinates to the Collateral Agent and the Lenders any security interest or lien that Creditor may have in any property of Borrower, including without limitation, the Collateral. Notwithstanding the respective dates of attachment or perfection of any security interest of Creditor and the security interest of the Collateral Agent and the Lenders, the lien and security interest of the Collateral Agent and the Lenders in any property of Borrower, whether now owned or hereafter acquired, including, without limitation, the Collateral, shall at all times be senior to the lien and security interest of Creditor.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. Each Creditor subordinates to Bank any security interest or lien that such Creditor may have in any property of Borrower. Notwithstanding the respective dates of attachment or perfection of the security interests of each Creditor and the security interests of Bank, all now existing and hereafter arising security interests of Bank in any property of Borrower and all proceeds thereof (the “Collateral”), including, without limitation, the “Collateral”, as defined in a certain Loan and Security Agreement between Borrower and Bank dated as of August 28, 2012, as amended by that certain First Amendment to Loan and Security Agreement between Borrower and Bank dated as of January 31, 2014, as amended by that certain Assumption and Second Amendment to Loan and Security Agreement between Borrower and Bank dated as of August 12, 2014, as amended by that certain Third Amendment to Loan and Security Agreement between Borrower and Bank dated as of September 25, 2014, and as further amended by that certain Fourth Amendment to Loan and Security Agreement between Borrower and Bank dated as of October 31, 2014 (as may be amended, modified, restated, replaced or supplemented from time to time, the “Loan Agreement”), shall at all times be senior to the security interests of the Creditors. Each Creditor hereby (a) acknowledges and consents to (i) Borrower granting to Bank a security interest in the Collateral, (ii) Bank filing any and all financing statements and other documents as deemed necessary by Bank in order to perfect Bank’s security interest in the Collateral, and (iii) the entering into of the Loan Agreement and all documents in connection therewith by Borrower, (b) acknowledges and agrees that the Senior Debt, the entering into of the Loan Agreement and all documents in connection therewith by Borrower, and the security interest granted by Borrower to Bank in the Collateral shall be permitted under the provisions of the Subordinated Debt documents (notwithstanding any provision of the Subordinated Debt documents to the contrary), (c) acknowledges, agrees and covenants that such Creditor shall not contest, challenge or dispute the validity, attachment, perfection, priority or enforceability of Bank’s security interest in the Collateral, or the validity, priority or enforceability of the Senior Debt, and (d) acknowledges and agrees that the provisions of this Agreement will apply fully and unconditionally even in the event that Bank’s security interest in the Collater...
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. Commencement and Term of Consulting Services from Consultant. The Company hereby agrees to retain the Consultant to act in a consulting capacity to the Company, and Consultant hereby agrees to provide certain consulting services to the Company as described in Section 2 of this Agreement for a period of six (6) months from the date at which a copy of this Agreement is executed and delivered to Consultant with the Fees (defined in Section 4 of this Agreement) (the “Term”), unless terminated earlier in accordance with the terms of this Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. Junior Creditor hereby subordinates to Senior Creditor any security interest or lien that Junior Creditor may have in any assets or property of Borrower to and in favor of the Senior Security Interest. Notwithstanding the respective dates of attachment or perfection of the security interests or liens of Junior Creditor and the Senior Security Interest, all now existing and hereafter arising security interests and liens of Senior Creditor in any assets and property of Borrower and all proceeds thereof (the “Collateral”), including, without limitation, the “Collateral”, as defined in Senior Loan Agreement, granted pursuant to the Senior Loan Agreement or otherwise arising from time to time in connection with the Senior Loan Agreement shall at all times be senior to the security interests and liens of Junior Creditor. Junior Creditor hereby (a) acknowledges, agrees and covenants that Junior Creditor shall not directly or indirectly contest, challenge or dispute the validity, attachment, perfection, priority or enforceability of Senior Creditor’s security interest in the Collateral, or the validity, priority or enforceability of the Senior Debt, and (c) acknowledges and agrees that the provisions of this Agreement will apply fully and unconditionally even in the event that Senior Creditor’s security interest in the Collateral (or any portion thereof) shall be unperfected.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. The Parties agree that, by January 30, 2016, they will commence a review of the Plan via a multi-employee group Employee Benefits Committee.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS. The undersigned acknowledges he is bound by said agreement and that any allegations that a crew leader has failed to compensate members of his crew in accordance with the Agreement may be referred to arbitration as provided for in the Agreement and the crew leader and the Union agree to be bound by the arbitrator’s determination for all purposes, including enforcement as provided for in the Labour Relations Act.
