Owner - Member Sample Clauses

Owner - Member. The adjusted Percentage Interest of the Owner Member is calculated by dividing (1) the positive difference, if any, between (a) the sum of (i) 100% of the aggregate Capital Contributions (including Lending Member Default Capital Contributions, but excluding Cram-Down Contributions) then or theretofore made by the Owner Member to the Company ($501,000), plus (ii) 175% of the Cram-Down Contributions then or theretofore made by the Owner Member ($0), minus (b) the sum of (i) the Cram-Down Excess Amounts attributable to the Cram-Down Contributions then or theretofore made by the Investor Member ($187,875), plus (ii) the Comfort Member Special Failed Contribution if a Special Make-Up Loan made with respect thereto is being converted ($0), by (2) the difference between (a) 100% of the aggregate Capital Contributions (including without limitation Cram-Down Contributions and Lending Member Default Capital Contributions) then or theretofore made by all of the Members ($1,500,000) , less (b) any Capital Contribution deemed made by the Comfort Member on account of a Converted Comfort Member Special Failed Contribution ($0). This results in a Percentage Interest for the Owner Member of (i) the difference between $501,000 minus $187,875, divided by (ii) $1,500,000 = 20.875%.
Sample 1Sample 2See All (4)
Owner - Member. When no journeymen are employed, the pro­ prietor or one of the partnership may become a member of the Union and as such shall be entitled to display the “Union Market Card;” provided further that such proprietor signs this Contract when and if employees are hired.
Sample 1Sample 2See All (4)
Owner - Member. An owner, directly or indirectly, employer, contractor, jobber, who works with the tools or anyone who otherwise participates as management in the Sheet Metal Industry who is a member of Local No. 17 shall pay the minimum regular work week hours, per week, (40 hours) to each fringe benefit fund program under the respective collective bargaining agreement. However, if the owner-member workers in excess of the minimum number of hours, he shall pay to those fringe benefit programs for the actual hours worked. Owner-members are the direct or indirect owner or spouse of owner, partner or member who is managing the company on a day-by-day basis. Owner Member Signature Owner Member Printed Name
Sample 1
Owner - Member. When no journeymen are employed, the proprietor or one of the partnership may become a member of the Union and as such shall be entitled to display the “Union Market Card”; provided that such proprietor signs this Contract when and if employees are hired. Vacations A. All full-time employees covered by this Contract who have been employed full-time for the anniversary year shall receive: (1) after one (1) year one (1) weeks’ vacation with pay. * (2) after three (3) years two (2) weeks’ vacation with pay.
Sample 1
Owner - Member. When no journeymen are employed, the pro­ prietor or one of the partnership mav become a member of the Union and as such shall be entitled to display the “Union Market Card;” provided that such proprietor signs this Contract when and if employees are hired. A. All full time emplyees covered by this Con­ tract who have been employed for an annivers- B. Vacation time to be computed from date of employment or anniversary date thereof. It is understood and agreed that vacations will be taken at a time convenient to both the employee and the Employer. It is agreed that the em­ ployee’s vacation will be paid at his/ her current 3 jL weekly rate of pay. It is agreed that the Em- : ployer will consult with, and give due regard to the recommendations of, the Head Meat Cutter in the shop and a Union Representative to determine whether or not a replacement or replacements are necessary when vacations are being taken; provided, however, that after the Employer has fullv considered the recommenda­ tions of the Head Meat Cutter and the Union Representative, and if there is a disagreement between the Employer and the Head Meat Cut- ter and a Union Representative regarding the matter, the Employer’s decision on whether or not a replacement or replacements are needed shall he conclusive. C. After one year’s service, if a full-time em­ ployee is terminated for any reason whatsoever, with exception of dishonesty, or is reduced to part-time status in lieu of lay-off, there shall be paid to said employee salary covering the period of pro-rated vacation to which he/ she is entitled upon termination or reduction to part-time status. D. When a holiday included in this Contract occurs during the calendar week of an em­ ployee’s vacation, the employee will be entitled to an extra day of vacation, or an extra day of 4 "7 pay in lieu thereof if mutually agreed upon prior to the vacation period, provided that the em- ® ployee may have a Union Representative pres­ ent during any discussion with the Employer regarding this matter. E. Should ownership change during the term of this Contract, the present Employer agrees to pay employees for that portion of vacation earned up to date change is made. F. Choice of vacation dates will be granted on the basis of seniority in the market. G. Employees shall be paid their vacation pay prior to their vacation period. Union. n I. After one year of employment any leave of absence totaling 90 days or less in any calendar
Sample 1
Owner - Member. (a) Only one (1) owner-member shall be permitted to work with the tools, and at no time shall and the owner-member be included in any journeymen/apprentice ratios stated herein. (b) Any owner-member working with the tools of the trade shall pay the minimum of (170) one hundred seventy hours per calendar month to all fringe benefit programs under the respective collective bargaining agreement; provided however, that if the owner-member works in excess of the minimum number of hours, he shall pay to all fringe benefit programs for the actual hours worked in accordance with said collective-bargaining agreement.
Sample 1

Related to Owner - Member

  • Owner; Owner; Agent The owner of the Property is SSC Xxxxxx Apartments LLC . Owner has appointed The Scion Group LLC (“Manager”) as its property management agent, authorized to act on behalf of Owner. Written correspondence to any of the above should be directed to: 000 Xxxxx Xxxxxx Boulevard, Tuscaloosa, AL 35404.

  • Managing Member Unless otherwise expressly provided in this Agreement, the Managing Member or any of its Affiliates who hold any Interests shall not be entitled to vote in its capacity as holder of such Interests on matters submitted to the Members for approval, and no such Interests shall be deemed Outstanding for purposes of any such vote.

  • Multi-Member The Members, or their designees, shall maintain complete and accurate records and books of the Company’s transactions in accordance with generally accepted accounting principles. The Company shall furnish each Member, within seventy-five days after the end of each fiscal year, an annual report of the Company including a balance sheet, a profit and loss statement a capital account statement; and the amount of such Member’s share of the Company’s income, gain, losses, deductions and other relevant items for federal income tax purposes. The Company shall prepare all Federal, State and local income tax and information returns for the Company, and shall cause such tax and information returns to be timely filed. Within seventy-five days after the end of each fiscal year, the Company shall forward to each person who was a Member during the preceding fiscal year a true copy of the Company’s information return filed with the Internal Revenue Service for the preceding fiscal year. All elections required or permitted to be made by the Company under the Internal Revenue Code, and the designation of a tax matters partner pursuant to Section 6231(a)(7) of the Internal Revenue Code for all purposes permitted or required by the Code, shall be made by the Company by the affirmative vote or consent of Members holding a majority of the Members’ Percentage Interests. Upon request, the Company shall furnish to each Member, a current list of the names and addresses of all of the Members of the Company, and any other persons or entities having any financial interest in the Company.

  • Owner The term “

  • Limited Partner The name and address of the New Limited Partner of the Partnership is 0000 X. Xxxx Xxxxx Xxxxxxxxx, 0xx Xxxxx, Xxxxx, Xxxxxxx 00000. The names and addresses of any other Limited Partners shall be set forth on Exhibit B, as amended from time to time, attached hereto and incorporated herein by this reference. The Partnership Interest of a Limited Partner shall be referred to herein as a “Limited Partnership Interest.”

  • Single Member The Member (including, for purposes of this Section, any estate, heir, personal representative, receiver, trustee, successor, assignee and/or transferee of the Member) shall not be liable, responsible or accountable, in damages or otherwise, to the Company or any other person for: (i) any act performed, or the omission to perform any act, within the scope of the power and authority conferred on the Member by this agreement and/or by the Statutes except by reason of acts or omissions found by a court of competent jurisdiction upon entry of a final judgment rendered and un-appealable or not timely appealed (“Judicially Determined”) to constitute fraud, gross negligence, recklessness or intentional misconduct; (ii) the termination of the Company and this Agreement pursuant to the terms hereof; (iii) the performance by the Member of, or the omission by the Member to perform, any act which the Member reasonably believed to be consistent with the advice of attorneys, accountants or other professional advisers to the Company with respect to matters relating to the Company, including actions or omissions determined to constitute violations of law but which were not undertaken in bad faith; or (iv) the conduct of any person selected or engaged by the Member. The Company, its receivers, trustees, successors, assignees and/or transferees shall indemnify, defend and hold the Member harmless from and against any and all liabilities, damages, losses, costs and expenses of any nature whatsoever, known or unknown, liquidated or unliquidated, that are incurred by the Member (including amounts paid in satisfaction of judgments, in settlement of any action, suit, demand, investigation, claim or proceeding (“Claim”), as fines or penalties) and from and against all legal or other such costs as well as the expenses of investigating or defending against any Claim or threatened or anticipated Claim arising out of, connected with or relating to this Agreement, the Company or its business affairs in any way; provided, that the conduct of the Member which gave rise to the action against the Member is indemnifiable under the standards set forth herein. Upon application, the Member shall be entitled to receive advances to cover the costs of defending or settling any Claim or any threatened or anticipated Claim against the Member that may be subject to indemnification hereunder upon receipt by the Company of any undertaking by or on behalf of the Member to repay such advances to the Company, without interest, if the Member is Judicially Determined not to be entitled to indemnification as set forth herein. All rights of the Member to indemnification under this Agreement shall (i) be cumulative of, and in addition to, any right to which the Member may be entitled to by contract or as a matter of law or equity, and (ii) survive the dissolution, liquidation or termination of the Company as well as the death, removal, incompetency or insolvency of the Member. The termination of any Claim or threatened Claim against the Member by judgment, order, settlement or upon a plea of nolo contendere or its equivalent shall not, of itself, cause the Member not to be entitled to indemnification as provided herein unless and until Judicially Determined to not be so entitled.

  • Other Members The Holding Company may offer the Offer Shares, if any, remaining after the Subscription Offering, in the Community Offering on a priority basis to natural persons residing in the New Jersey counties of Cumberland and Gloucester; to the Minority Stockholders as of the Voting Record Date, and then to the general public. In the event a Community Offering is held, it may be held at any time during or immediately after the Subscription Offering. Depending on market conditions, Offer Shares available for sale but not subscribed for in the Subscription Offering or purchased in the Community Offering may be offered in the Syndicated Community Offering to members of the general public through a syndicate of registered broker-dealers under the terms set forth on Exhibit A (“Assisting Brokers”) that are members of the Financial Industry Regulatory Authority (“FINRA”) managed by Stifel as the sole book running manager. It is acknowledged that the number of Offer Shares to be sold in the Offering may be increased or decreased as described in the Prospectus (as hereinafter defined); that the purchase of the Offer Shares in the Offering is subject to maximum and minimum purchase limitations as described in the Plan and the Prospectus; and that the Holding Company may reject, in whole or in part, any subscription received in the Community Offering and Syndicated Community Offering. The Holding Company has filed with the U.S. Securities and Exchange Commission (the “Commission”) a Registration Statement on Form S-1 (File No. [__________]) in order to register the Shares under the Securities Act of 1933, as amended (the “1933 Act”), and the regulations promulgated thereunder (the “1933 Act Regulations”), and has filed such amendments thereto as have been required to the date hereof (the “Registration Statement”). The prospectus, as amended, included in the Registration Statement at the time it initially became effective is hereinafter called the “Prospectus,” except that if any prospectus is filed by the Holding Company pursuant to Rule 424(b) or (c) of the 1933 Act Regulations differing from the prospectus included in the Registration Statement at the time it initially becomes effective, the term “Prospectus” shall refer to the prospectus filed pursuant to Rule 424(b) or (c) from and after the time said prospectus is filed with the Commission and shall include any supplements and amendments thereto from and after their dates of effectiveness or use, respectively. In connection with the Conversion, the MHC filed with the OTS an application for conversion to a stock company (together with any other required ancillary applications and/or notices, the “Conversion Application”) and amendments thereto as required by the OTS in accordance with the Home Owners’ Loan Act, as amended (the “HOLA”), and 12 C.F.R. Parts 575 and 563b (collectively with the HOLA, the “Conversion Regulations”). The Holding Company has also filed with the OTS its application on Form H-(e)1-S (together with any interim merger applications and any other required ancillary applications and/or notices, the “Holding Company Application”) to become a unitary savings and loan holding company under the HOLA and the regulations promulgated thereunder. Collectively, the Conversion Application and the Holding Company Application may also be termed the “Applications.” Concurrently with the execution of this Agreement, the Holding Company is delivering to the Agent copies of the Prospectus dated [______________], 2010 to be used in the Subscription Offering and Community Offering (if any), and, if necessary, will deliver copies of the Prospectus and any prospectus supplement for use in a Syndicated Community Offering.

  • General Partner The name and address of the general partner of the Partnership is Outback Steakhouse of Florida, Inc., 0000 X. Xxxx Xxxxx Xxxxxxxxx, 0xx Xxxxx, Xxxxx, Xxxxxxx 00000.

  • Initial Capital Contribution of Owner Trust Estate The Transferor hereby sells, assigns, transfers, conveys and sets over to the Owner Trustee, as of the date hereof, the sum of $1.00. The Owner Trustee hereby acknowledges receipt in trust from the Transferor, as of the date hereof, of the foregoing contribution, which shall constitute the initial Owner Trust Estate and shall be deposited in the Certificate Distribution Account. The Transferor shall pay organizational expenses of the Issuer as they may arise or shall, upon the request of the Owner Trustee, promptly reimburse the Owner Trustee for any such expenses paid by the Owner Trustee.

  • Initial Member (a) The name, address and initial Membership Interest of the initial Member is as follows: BR Cxxxxxx DFW Portfolio JV, LLC 100% c/o Bluerock Real Estate, L.L.C. 700 Xxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 (b) The Member was admitted to the Company as a member of the Company upon its execution of a counterpart signature page to this Agreement.