Page Sample Clauses

Page. 6.1 Organization and Good Standing. 30 6.2 Due Authorization 31 6.3 No Conflicts 31 6.4 Consents 31 6.5 Enforceable Obligations 31 6.6 Financial Condition 31 6.7 No Default 32 6.8 Indebtedness 32 6.9 Litigation 32 6.10 Taxes 32 6.11 Compliance with Law 32 6.12 ERISA 33 6.13 Use of Proceeds 33 6.14 Government Regulation 33 6.15 Solvency 33 SECTION 7. AFFIRMATIVE COVENANTS 33 7.1 Information Covenants 34 7.2 Preservation of Existence and Franchises 35 7.3 Books and Records. 35 7.4 Compliance with Law. 35 7.5 Payment of Taxes. 35 7.6 Insurance 36 7.7 Performance of Obligations 36 7.8 ERISA. 36 7.9 Use of Proceeds 36 7.10 Audits/Inspections 36 7.11 Total Funded Debt to Capitalization 37 SECTION 8. NEGATIVE COVENANTS 37 8.1 Nature of Business 37 8.2 Consolidation and Merger 37 8.3 Sale or Lease of Assets 38 8.4 Limitation on Liens 38 8.5 Fiscal Year 38 SECTION 9. EVENTS OF DEFAULT 39 9.1 Events of Default 39 9.2 Acceleration; Remedies. 41 9.3 Allocation of Payments After Event of Default 42 SECTION 10. AGENCY PROVISIONS 42 10.1 Appointment 42 10.2 Delegation of Duties 43 10.3 Exculpatory Provisions 43 10.4 Reliance on Communications 44 10.5 Notice of Default 44 10.6 Non-Reliance on Administrative Agent and Other Lenders 44 10.7 Indemnification 45 10.8 Administrative Agent in Its Individual Capacity 45 10.9 Successor Administrative Agent 46 SECTION 11. MISCELLANEOUS 46 11.1 Notices 46 11.2 Right of Set-Off; Adjustments 46 11.3 Benefit of Agreement 47 11.4 No Waiver; Remedies Cumulative 50 11.5 Payment of Expenses, etc. 50 11.6 Amendments, Waivers and Consents 51 11.7 Counterparts; Telecopy 52 11.8 Headings 52 11.9 Defaulting Lender 52 11.10 Survival of Indemnification and Representations and Warranties 52 11.11 GOVERNING LAW 52 11.12 WAIVER OF JURY TRIAL 53 11.13 Severability 53 11.14 Entirety 53 11.15 Binding Effect 53 11.16 Submission to Jurisdiction 53 11.17 Confidentiality 54 11.18 Designation of SPVs 54 Schedule 1.1 Commitment Percentages Page Schedule 6.8 Indebtedness Schedule 11.1 Notices Exhibit 2.1(b) Form of Competitive Bid Request Exhibit 2.2(a) Form of Notice of Borrowing Exhibit 2.2(c) Form of Notice of Conversion/Continuation Exhibit 2.6(a) Form of Revolving Loan Note Exhibit 2.6(b) Form of Competitive Bid Loan Note Exhibit 5.1(c) Form of Closing Certificate Exhibit 5.1(f) Form of Legal Opinion Exhibit 7.1(c) Form of Officer’s Certificate Exhibit 11.3 Form of Assignment Agreement 364-DAY CREDIT AGREEMENT (this “Credit Agreement”), dated as of May 3...

Page. Call Back Compassionate Leave Cost-of-Living Allowance Dental Plan Disciplinary Action Drug Plan Educational Leave Effective Date Duration Employee birthday Extended Health Care First Aid Injury Allowance Grievance Procedure Holidays Hours of Work Jury Duty Crown Witness of Absence Letters of Agreement Life Insurance Long Term Disability Loss Management Rights Negotiating Committee Nursing Home Plan Occupational Definitions I I I (e) Overtime Input Overtime Pay Overtime Records Paid Absence Allowance Days Paid Education Leave Pension Plan Personal Paid Holidays Promotion Posting Purpose Recall Notice Recognition Rest Periods Wash-up time Retiree Life Rules Regulation Schedule Safety Equipment Mandatory Safety Glasses Safety Shoe Allowance Safety Health Semi-Skilled Definitions Seniority Seniority Listing Seniority Layoffs Premium Sickness Accident Plan Skilled Trades Definitions Social Security Starting Rates Strikes and Lockouts Fund Temporary Part Time Employees Union Committee Union Representation Union Security Union Time Vice-chairman Union Time Chairman Union Time Committeemen Vacation Requests Vacations &Vacation Pay Vision Plan Wage Schedule "A" Wages Canada Savings Bonds. Central Stampings Common Law Spouse First Aid Certification Health and Safety Holiday Pay Inspector Classification Labourer Classification Last Day Worked Before Christmas Leaders Lockers Lunchroom Smoke Eater. Lunch Time Clocking Maintenance New Hires in Selected Trades I9 New Technology Payroll Summary Pension Plan dated the 30th day of September, It is the intent and purpose of the parties to this Agreement, which has been negotiated and enter- ed into in good faith:

Page. Section 6.04 No Duties Except as Specified in this Agreement or in Instructions ........................................... 11 Section 6.05 No Action Except Under Specified Documents or Instructions ................................................ 11

Page. LEASE SUMMARY 1 I PREMISES 4 II TERM 4 III RENT 5 IV ACCOUNTING 6 V TAXES 7 VI CONDUCT OF BUSINESS BY TENANT 8 VII MAINTENANCE, REPAIRS AND ALTERATIONS 14 VIII INSURANCE; INDEMNITY 16 IX DAMAGE AND RESTORATION 18 X ASSIGNMENT AND SUBLETTING 19 XI EMINENT DOMAIN 21 XII UTILITY SERVICE 22 XIII DEFAULTS; REMEDIES 23 XIV COMMON AREAS 27 XV SIGNS, LIGHTING, ADVERTISING 30 XVI MISCELLANEOUS 31 ADDENDUM TO SHOPPING CENTER LEASE ADDENDUM I ADDITIONAL PROVISIONS EXHIBIT "A" SHOPPING CENTER SITE PLAN EXHIBIT "B" SHOPPING CENTER LEGAL DESCRIPTION EXHIBIT "C" CONDITION OF PREMISES—Landlord and Tenant's Work EXHIBIT "D" PROHIBITED USES and EXCLUSIVE USES EXHIBIT "E" COMMENCEMENT DATE AGREEMENT EXHIBIT "F" SHOPPING CENTER SIGN CRITERIA EXHIBIT "G" RULES & REGULATIONS EXHIBIT "H" TENANT'S MENU SHOPPING CENTER LEASE SUMMARY 1. LANDLORD: NORTH RANCH PROPERTIES Landlord's Address: 000 X. Xxxxxxxx Boulevard, Suite 201 Westlake Village, CA 91362 Landlord's Phone: (000) 000-0000 Landlord's Fax: (000) 000-0000 2. TENANT: CHICAGO PIZZA & BREWERY, INC. Tenant's Address: 00000 Xxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx Xxxxx, XX 00000 Tenant's Phone: (000) 000-0000 Tenant's Fax: (000) 000-0000 3. GUARANTOR: N/A Guarantor's Address: N/A Guarantor's Phone: N/A 4. TENANT'S TRADE NAME: BJ'S PIZZA & GRILL 5. PERMITTED USE OF PREMISES: Subject to governmental agencies, and existing leases, the Premises shall be used and occupied solely as a first class full service restaurant featuring pizza and those menu items shown on Exhibit "H". Subject to governing agencies, Tenant shall be allowed the sale alcoholic beverages for on-premises consumption only. The Premises shall be used solely for the use stated above and for no other use or purpose. TENANT SPECIFICALLY ACKNOWLEDGES THAT BY THE PROVISIONS OF THIS SECTION 5, LANDLORD HAS NOT GRANTED TO TENANT ANY EXCLUSIVE BUSINESS RIGHT WITHIN THE SHOPPING CENTER, OR ELSEWHERE. THE PERMITTED USE OF THE PREMISES SHALL ONLY LIMIT TENANT'S USE THEREOF IN ACCORDANCE WITH SECTION 6.01 OF THE LEASE. NO EXCLUSIVE BUSINESS RIGHT SHALL BE IMPLIED OR INFERRED. 6. SIZE OF PREMISES: Approximately 10,140 Square Feet 7. ADDRESS OF PREMISES: 0000 X. Xxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 8. LEASE TERM: Fifteen (15) full years from the Rent Commencement Date, plus three (3) five (5) year option periods. (See Addendum 1) 9. FIXED MINIMUM RENT: MONTHLY INSTALLMENTS 1-5 $ 316,368.00 $ 26,364.00 6-10 $ 363,823.20 $ 30,318.60 11-15 $ 418,396.68 $ 34,866.39 Mon...

Page. SECTION 1. AUTHORIZATION OF NOTES 1 SECTION 2. SALE AND PURCHASE OF NOTES 1 SECTION 3. CLOSING 1 SECTION 4. CONDITIONS TO CLOSING 2 Section 4.1 Representations and Warranties 2 Section 4.2 Performance; No Default 2 Section 4.3 Compliance Certificates 2 Section 4.4 Opinions of Counsel 2 Section 4.5 Purchase Permitted by Applicable Law, Etc. 2 Section 4.6 Related Transactions 3 Section 4.7 Payment of Special Counsel Fees 3 Section 4.8 Private Placement Number 3 Section 4.9 Changes in Corporate Structure 3 Section 4.10 Funding Instructions 3 Section 4.11 Proceedings and Documents 3 SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE COMPANY 3 Section 5.1 Organization; Power and Authority 3 Section 5.2 Authorization, Etc. 4 Section 5.3 Disclosure 4 Section 5.4 Organization and Ownership of Shares of Subsidiaries; Affiliates 4 Section 5.5 Financial Statements 5 Section 5.6 Compliance with Laws, Other Instruments, Etc. 5 Section 5.7 Governmental Authorizations, Etc. 5 Section 5.8 Litigation; Observance of Agreements, Statutes and Orders 6 Section 5.9 Taxes 6 Section 5.10 Title to Property; Leases 6 Section 5.11 Licenses, Permits, Etc. 6 Section 5.12 Compliance with ERISA 7 Section 5.13 Private Offering by the Company 8 Section 5.14 Use of Proceeds; Margin Regulations 8 Section 5.15 Existing Debt; Future Liens 8 Section 5.16 Foreign Assets Control Regulations, Etc. 9 Section 5.17 Status under Certain Statutes 9 Section 5.18 Investment Company Act 9 Section 5.19 Environmental Matters 10 Section 5.20 Notes Rank Pari Passu 10 Section 5.21 Credit and Collection Policy 10 SECTION 6. REPRESENTATIONS OF THE PURCHASERS 10 Section 6.1 Purchase for Investment 10 Section 6.2 Source of Funds 11 Section 6.3 Accredited Investor 11 SECTION 7. INFORMATION AS TO COMPANY 11 Section 7.1 Financial and Business Information 11 Section 7.2 Officer’s Certificate 13 Section 7.3 Inspection 14 SECTION 8. PREPAYMENT OF THE NOTES 14 Section 8.1 Required Prepayments 14 Section 8.2 Optional Prepayments 14 Section 8.3 Allocation of Partial Prepayments 15 Section 8.4 Maturity; Surrender, Etc. 15 Section 8.5 Purchase of Notes 15 Section 8.6 [Reserved] 15 SECTION 9. AFFIRMATIVE COVENANTS 16 Section 9.1 Compliance with Law 16 Section 9.2 Insurance 16 Section 9.3 Maintenance of Properties 16 Section 9.4 Payment of Taxes and Claims 16 Section 9.5 Corporate Existence, Etc. 17 Section 9.6 Credit and Collection Policy 17 SECTION 10. NEGATIVE COVENANTS 17 Section 10.1 Minimum Consolidated Tangible Net Worth...

Page. 1. SENIORITY 31 Definition 31 Local Union Seniority 31 Departmental Seniority 31 Seniority in Event of Transfer Outside or Within Jurisdiction of the Union 31 Seniority as of July 1, 1950 31 Seniority of New Employees and of Employees Returning to Work After Leaving Employment 32 Rights and Privileges Arising From Seniority 33 Bidding Procedure 33 Acceptance and Job Anniversary Date 34 Transfers and Vacancies 34 Temporary Transfers 34 Temporary Employees 35 Seniority Lists 35 Choice of Vacation 35 Seniority of Employees Serving in the Defense Of the United States 35 2. OVERTIME 36 3. EMPLOYMENT 40 4. SCHEDULES 40 Continuous Rotating Shifts 40 Change in Schedule of Non-rotating shift Employees 41 5. HOLIDAYS 41 6. SAFETY RULES 42 a. Items Included by Reference 42 b. Cooperation 42 c. Work on Voltages Between 600 Volts And 15, 000 volts 42 d. Work Above 15,000 Volts 43

Page. Discrimination and Harassment and Employment Equity Conditions of Shops etc. Contracting Out Deduction of Union Dues Dental and Extended Health Care Plans Emergency Calls and Wrecking Service Employee Benefit Plan Life Insurance, Sickness and Paid Maternity Leave Benefits Employees Required to Work When Shop Closed Down Due to Breakdown in Machinery, etc. Employment Security and Maintenance Plan Exhausting of Steam and Fumes From Locomotives Faithful Service Final Disposition of Grievances Free Transportation General Holidays General.. Hourly Rates of Pay and Shift Differentials Hours of Work and Meal Period Investigations and Grievance Procedure Jurisdictional Understanding Jury Duty Labourers Performing Helpers' Work Employees Securing Work Elsewhere.. Leave of Absence Life Upon Retirement National Day of Mourning Overtime and Calls Overtime Pay Procedures Personal Injuries Printing of Agreements Procedure Promotion to Position of Supervisor Promotion to Position of Leading Hand Protection of Employees Relief Assignments Revision of Rules Road Work Employees Paid Hours Per Four-Week Period Road Work (Applies to Heavy Duty Mechanic Electricians Only) Safety and Health Scope of General and Special Rules Scrapping Work Seniority Shop Close Down Signal Protection Temporarily Replacing Other Employees Temporary Supervisor Temporary Transfers Trade Classification and Special Rules Translation of Agreement Use of Private Automobile Working Supervisor work hours and conditions of service, for Shopcraft employees

Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 SPECIAL CONDITIONS OF CONTRACT 15 SECTION 2 2.1 SPECIFICATIONS 16 2.2 MBD 3.1 PRICING SCHEDULE – FIRM PRICES 17 SECTION 3 3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 21 4.2 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001 23 4.3 MBD6.11: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL POCUREMENT REGULATIONS 2001 - PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA 32 4.4 MBD8: DECLARATION OF XXXXXX’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 35 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 37 SECTION 5 DECLARATION 40 SECTION 6 CONTRACT FORM 42 SECTION 1.1: INVITATION TO TENDER CLOSING DATE: 15 OCTOBER 2010 CLOSING TIME: 12:00 TENDER 77/2010: LEASE OF KIOSK SITUATED AT THE POINT, MOSSEL BAY Tenders are hereby invited for the lease of the Kiosk situated at the Point, Mossel Bay for a period of almost three years ending 30 June 2013. Tenders must be submitted on the original documents and shall remain valid for 90 days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to Ms Xxxxxxxx xx Xxxxxxx at telephone (044) 000- 0000. Enquiries pertaining to the completion of the documents can be addressed to Mr Xxxxxxx Xxxxxxx at telephone (000) 000-0000. A set of tender documents can be obtained at a non-refundable cost of R50 per set from Ms du Plessis at telephone (000) 000-0000. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Additional sets of tender documents are available at a cost of R50 per set. A set of tender documents can also be obtained on our website at xxx.xxxxxxxxxxxx.xx.xx (follow the Procurement-link on the left hand side). Fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Municipality, Xxxxx Street, Mossel Bay by not later than 12:00 on Friday, 15 October 2010 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. In terms of the Preference Points system prescribed by the Preferential...

Page. All employees shall, as a condition of employment, authorize the Company to deduct the amount equal to the Local Union's Initiation Fees in instalments of dollars per week after the completion of the probationary period. This deduction shall continue until the Initiation Fee is paid in full. The Company agrees to remit such monies so deducted to the head office of the Local Union along with a list of the employees from whom the money was deducted at the same time as the Union dues are remitted. The Company agrees, for the duration of this Agreement, to deduct from the last pay cheque each month the monthly dues of any employee covered by this Agreement, and to remit such monies so deducted to the head office of the Local Union along with a list of the employees from whom were deducted not later than the tenth day of the month following the date upon which such monies were deducted. The checkoff list will include social insurance numbers and names. The Union will notify the Company in writing of any arrears in dues caused for any reason or any arrears in initiation or fees and the Company will commence deductions in amounts prescribed by the Local Union in such written notice and forward such monies to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Company shall prescribe payroll deductions of not more than dollars ($25.00) per week. The Union will refund directly to the employee any such monies deducted in error along with confirmation of such refund to the Company. The Union will supply the Company with a supply of printed checkoff forms which shall provide a column for "Dues", "Arrears in Dues", "Initiation and The Company shall each month add the of each new employee hired on since the remittance of the previous checkoff along with the starting date and the Company shall give an explanation alongside the name of each employee who appeared on the previous checkoff sheet for whom a remittance is not made for any reason. The Union will supply with Initiation Deduction Authorization Forms, Application for Membership Dues Deduction Authorization Forms and Health and Welfare Enrolment Forms, all of which shall be signed by a l l new employees on the date of hire. It will be the responsibility of the Company to ensure that all completed Application for Membership Forms are returned to the Union. All forms shall be returned to the Union within seven days from the date of hire. The deduction of Union dues ...

Page. Section 6.06 Restrictions ................................................................................................................................ 11 ARTICLE VII