Bank The Buyer (a) is a national bank or banking institution organized under the laws of any State, territory or the District of Columbia, the business of which is substantially confined to banking and is supervised by the State or territorial banking commission or similar official or is a foreign bank or equivalent institution, and (b) has an audited net worth of at least $25,000,000 as demonstrated in its latest annual financial statements, a copy of which is attached hereto.
Sick Bank (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Bank Holding Company Borrower is not a “bank holding company” or a direct or indirect subsidiary of a “bank holding company” as defined in the Bank Holding Company Act of 1956, as amended, and Regulation Y thereunder of the Board of Governors of the Federal Reserve System.
The Bank 1. shall perform the duties imposed on the Bank under the Ordinance.
2. shall exercise reasonable care in the performance of its duties as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Bank; and
3. in the absence of bad faith on its part, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Bank and conforming to the requirements of this Agreement, but in the case of any opinions which by any provision hereof are specifically required to be furnished to the Bank, shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement.
BANK OF AMERICA, N A., as Initial Note A-1-1 Holder, Initial Note A-1-2 Holder, Initial Note A-1-3 Holder, Initial Note A-1-4 Holder and Initial Note A-1-5 Holder By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director UBS AG, NEW YORK BRANCH, as Initial Note A-2-1 Holder, Initial Note A-2-2 Holder, Initial Note A-2-3 Holder, Initial Note A-2-4 Holder, Initial Note A-2-5 Holder, Initial Note A-2-6 Holder, Initial Note A-2-7 Holder, Initial Note A-2-8 Holder, Initial Note A-2-9 Holder, Initial Note A-2-10 Holder and Initial Note A-2- 11 Holder By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director LMF COMMERCIAL, LLC, as Initial Note A-3-1 Holder, Initial Note A-3-2 Holder, Initial Note A-3-3 Holder, Initial Note A-3-4 Holder, Initial Note A-3-5 Holder, Initial Note A-3-6 Holder, Initial Note A-3-7 Holder and Initial Note A-3-8 Holder By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Auhorized Signatory Description of Mortgage Loan Mortgage Loan Borrowers: 11 WEST 42 REALTY INVESTORS, L.L.C. Date of Mortgage Loan: June 30, 2023 Date of All Promissory Notes: June 30, 2023 Original Principal Amount of Mortgage Loan: $274,000,000 Principal Amount of Mortgage Loan as of the date hereof: $274,000,000 Promissory Note A-1-1 Principal Balance: $30,000,000 Promissory Note A-1-2 Principal Balance: $25,000,000 Promissory Note A-1-3 Principal Balance: $15,000,000 Promissory Note A-1-4 Principal Balance: $11,333,334 Promissory Note A-1-5 Principal Balance: $10,000,000 Promissory Note A-2-1 Principal Balance: $6,333,333 Promissory Note A-2-2 Principal Balance: $20,000,000 Promissory Note A-2-3 Principal Balance: $10,000,000 Promissory Note A-2-4 Principal Balance: $10,000,000 Promissory Note A-2-5 Principal Balance: $10,000,000 Promissory Note A-2-6 Principal Balance: $10,000,000 Promissory Note A-2-7 Principal Balance: $5,000,000 Promissory Note A-2-8 Principal Balance: $5,000,000 Promissory Note A-2-9 Principal Balance: $5,000,000 Promissory Note A-2-10 Principal Balance: $5,000,000 Promissory Note A-2-11 Principal Balance: $5,000,000 Promissory Note A-3-1 Principal Balance: $25,000,000 Promissory Note A-3-2 Principal Balance: $23,000,000 Promissory Note A-3-3 Principal Balance: $10,000,000 Promissory Note A-3-4 Principal Balance: $12,000,000 Promissory Note A-3-5 Principal Balance: $5,000,000 Promissory Note A-3-6 Principal Balance: $5,000,000 Promissory Note A-3-7 Principal Balance: $5,666,667 Promissory Note A-3-8 Principal Balance: $5,666,666 Location of Mortgaged Property: 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000 Maturity Date: July 6, 2028
Financial Institution The Financial Institution will not be liable under this Agreement, except for (i) its own willful misconduct, bad faith or negligence or (ii) breach of its representations and warranties in this Agreement. The Financial Institution will not be liable for special, indirect or consequential losses or damages (including lost profit), even if the Financial Institution has been advised of the likelihood of the loss or damage and regardless of the form of action.
EEA Financial Institution No Loan Party is an EEA Financial Institution.
Banco Santander, S A. has a short-term unsecured debt rating of at least “A-2” from Standard & Poor’s and at least “Prime-1” by Moody’s and (iv) Santander Consumer is a direct or indirect subsidiary of Banco Santander, S.A. Notwithstanding the foregoing, the Servicer may remit Collections to the Collection Account on any other alternate remittance schedule (but not later than the Business Day prior to the related Payment Date) if the Rating Agency Condition is satisfied with respect to such alternate remittance schedule. Pending deposit into the Collection Account, Collections may be commingled and used by the Servicer at its own risk and are not required to be segregated from its own funds.
Fortis Benefits represents that it believes, in good faith, that the Separate Account is a “segregated asset account” and that interests in the Separate Account are offered exclusively through the purchase of or transfer into a “variable contract,” within the meaning of such terms under Section 817(h) of the Code and the regulations thereunder. Fortis Benefits will make every effort to continue to meet such definitional requirements, and it will notify the Fund and Distributor immediately upon having a reasonable basis for believing that such requirements have ceased to be met or that they might not be met in the future.
Location of Financial Institution Regardless of any provision in any other agreement, for purposes of the UCC, New York will be the location of the bank for purposes of Sections 9-301, 9-304 and 9-305 of the UCC and the securities intermediary for purposes of Sections 9-301 and 9-305 and Section 8-110 of the UCC.
