Other Procedures. To the extent not expressly provided for herein, each Discounted Term Loan Prepayment shall be consummated pursuant to procedures consistent with the provisions in this Subsection 4.4(l), established by the Administrative Agent acting in its reasonable discretion and as reasonably agreed by the Borrower.
Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s obligation to use best efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 or Form S-3) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) months from the effective date of the registration statement. The Company shall have no liability to the Investor for delays in the Investor being able to sell the Registrable Securities (i) as long as the Company uses its best efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.
(b) In consideration of the Company’s obligations under this Agreement, the Investor agrees that, upon receipt of any notice from the Company of the happening of any event of the kind described in Section 3(e) herein, the Investor shall forthwith discontinue his sale of Registrable Securities pursuant to the registration statement covering such Registrable Securities until the Investor’s receipt of the copies of the supplemented or amended prospectus contemplated by said Section 3(e) and, if so directed by the Company, shall deliver to the Company (at the Company’s expense) all copies, other than permanent file copies, then in the Investor’s possession of the prospectus covering such Registrable Securities current at the time of receipt of such notice.
(c) The Company’s obligation to file any registration statement or amendment including a post-effective amendment, shall be subject to the Investor, as applicable, furnishing to the Company in writing such information and documents regarding the Investor and the distribution of such Registrable Securities as may reasonably be required to be disclosed in the registration statement in question by the rules and regulations under the Securities Act or under any other applicable securities or blue sk...
Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to:
1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance;
2. imposition of a lesser disciplinary action as a final and binding action.
B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision.
C. Time limits - the parties may agree to waive or extend any time limits as stated in this article.
D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible.
E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made.
Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to:
Other Procedures. A. Negotiation and bargaining permitted - this Article does not preclude the Employer and an employee from agreeing to:
1. holding in abeyance a disciplinary action for a period not to exceed 18 months in order to permit the employee to improve conduct or performance;
2. imposition of a lesser disciplinary action as a final and binding action.
B. Failure to appeal - if an employee fails to appeal a decision per law, regulation, or policy, the employee is considered to have accepted the decision.
C. Time limits - the parties may agree to waive or extend any time limits as stated in this article.
D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible.
E. A failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made.
F. No supervisor shall use threats or coercion, including the threat of termination, to induce or attempt to induce an employee in the skilled service or professional service to resign. If management intends to impose disciplinary action, it must first do so before discussing resignation with the employee.
G. Management shall not willfully misrepresent the appropriateness of any disciplinary sanction to either increase the level of said disciplinary sanction or prompt acceptance of a lesser disciplinary sanction. Moreover, management shall not deny any bargaining unit employee the right to representation by the exclusive representative as provided in Section 3 of this Article during any settlement discussions pertaining to disciplinary actions, or make a settlement offer contingent upon an employee voluntarily waiving his/her right to representation.
1. An employee may have up to four (4) hours, or where less than four (4) hours remain in the employee's workday, until noon of the next regularly scheduled workday (exclusive of Saturdays, Sundays and holidays) after a settlement offer is made by management to advise management of his/her decision to accept, or reject the settlement offer.
2. Where the time frame allowed an employee to consider the settlement would cause the disciplinary action to be untimely, the employee must sign an acknowledgement that extends the time limits in Section 5 by no more than one (1) workday for FLSA non-exempt employees and no more than five (5) workdays for FLSA exempt employees. If the extended time frame to impose discipline expires before the employee reports back to the appointing aut...
Other Procedures. (a) The Investment Adviser must keep accurate records of the quotations it receives from other dealers, as well as any other information it deems necessary to demonstrate compliance with the above conditions.
(b) A quarterly report of all sales of Debt Securities made by an Affiliated Person must be made to the Board of Directors of the Fund. This report must include a written record of each transaction, prepared by the Investment Adviser and containing the information required by paragraph 2(b) and any other information concerning such transaction deemed relevant by the Investment Adviser or requested by the Board or the Compliance Officer.
(c) The Board, including a majority of the Independent Fund Directors, will review at each quarterly meeting the Fund’s sales of Debt Securities described in the above report in order to determine that they comply with the above procedures.
Other Procedures. The grievance procedure set forth herein shall supersede and replace any other grievance or appeal procedures otherwise available to represented employees and are deemed sufficient to satisfy procedural due process requirements for such hearings and/or appeals. Nothing contained herein to the grievance procedure shall apply to employee disciplinary matters.
Other Procedures. 1. Provided that the tendering procedure is not used to avoid maximum possible competition or to protect domestic suppliers, entities shall be allowed to award contracts by means other than an open or selective tendering procedure in the following circumstances and subject to the following conditions, where applicable:
(a) when no suitable tenders or request to participate have been submitted in response to a prior procurement, on condition that the requirements of the initial procurement are not substantially modified;
(b) when, for technical or artistic reasons, or for reasons connected with protection of exclusive rights, the contract may be performed only by a particular supplier and no reasonable alternative or substitute exists;
(c) for reasons of extreme urgency brought about by events unforeseeable by the entity, the products or services could not be obtained in time by means of open or selective tendering procedures;
(d) for additional deliveries of goods or services by the original supplier where a change of supplier would compel the entity to procure equipment or services not meeting requirements of interchangeability with already existing equipment, software or services;
(e) when an entity procures prototypes or a first product or service which are developed at its request in the course of, and for, a particular contract for research, experiment, study or original development;
(f) when additional services which were not included in the initial contract but which were within the objectives of the original tender documentation have, through unforeseeable circumstances, become necessary to complete the services described therein. However, the total value of contracts awarded for the additional construction services may not exceed 50 percent of the amount of the main contract;
(g) for new services consisting of the repetition of similar services and for which the entity has indicated in the notice concerning the initial service, that tendering procedures other than open or selective might be used in awarding contracts for such new services;
(h) in the case of contracts awarded to the winner of a design contest, provided that the contest has been organised in a manner which is consistent with the principles of this Chapter; in case of several successful candidates, all successful candidates shall be invited to participate in the negotiations; and
(i) for quoted goods purchased on a commodity market and for purchases of goods made under exceptionally...
Other Procedures. Nothing in this Article shall preclude the appropriate appointing administrative officer and the affected faculty and academic-staff group from developing alternative, mutually-acceptable procedures for selection and review instead of those outlined above. Any such agreement must be ratified by a majority of the voting faculty and academic staff in question and is assumed to be case specific. Moreover, this Section does not preclude the traditional rights of faculty and academic staff to meet as individuals with appropriate administration officers to voice their opinions. Wherever there is provision in this Article for student representation to be selected by student government organizations, the appointing administrative officer, after consultation with the committee, may appoint a student to serve if the nomination from the student government organization is not received in a reasonable period of time.
Other Procedures. A. Negotiations and bargaining permitted - this Article does not preclude the University and an employee from agreeing to:
1. Holding in abeyance a disciplinary action for a period not to exceed six (6) months in order to permit the employee to improve conduct or performance; or
2. Imposition of a lesser disciplinary action as a final and binding action.
B. Failure to appeal - if an employee fails to grieve/appeal in accordance with the procedures provided in this Memorandum of Understanding, the employee is considered to have accepted the decision.
C. Time limits - the parties may agree to waive or extend any time limits as stated in this Article.
D. Resolution of appeal encouraged - each party shall make every effort to resolve an appeal at the lowest level possible.
E. The University's failure to decide an appeal in accordance with law and regulation is considered a denial from which an appeal may be made.
