Position Statements Sample Clauses

Position Statements. Any party making a demand for mediation shall set forth in their written demand for mediation the factual and legal basis known to them for their claims or dispute and provide copies of any statements, summaries, reports, or documentary information known to them at the time to support their claims, save and except, privileged or confidential information, which may be withheld. Within thirty (30) days after receipt of a demand for mediation, the recipient shall provide a written response to the claims setting forth the factual and legal basis known to them to support the response or affirmative defenses and also provide copies of any statements, summaries, reports, or documentary information known to them at the time to support the response or affirmative defenses, save and except, privileged or confidential information, which may be withheld. Copies of the position statements and information exchanged between the parties under this provision shall be provided to the mediator in advance of the mediation.

Position Statements. Subject to Section 9.1 in the event of a dispute under the Transaction Documents (except as otherwise provided in any Transaction Document), any party may give a notice to the other parties (including any party not involved in the dispute) requesting that the Resolution Panel try in good faith to negotiate a resolution of (but without any obligation to resolve) such dispute. Not later than fifteen (15) days after said notice, each party involved in the dispute shall submit to all other parties (including any party not involved in the dispute) a written statement (provided that if both of the Owners are involved in such dispute, the Owners shall be entitled, but not obligated, to submit a joint written statement, and if both of the Interested Persons are involved in such dispute, the Interested Persons shall be entitled, but not obligated, to submit a joint written statement) setting forth such party's description of the dispute and of the respective positions of the parties on such dispute, and such party's recommended resolution and the reasons why such party feels its recommended resolution is fair and equitable in light of the terms and spirit of the Transaction Documents. The submission and exchange of such written statements of the parties shall be simultaneous. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statement may be introduced as evidence or used as an admission against interest in any judicial resolution of such dispute.

Position Statements. WITHIN TEN (10) DAYS AFTER THE SELECTION OF THE ARBITRATOR, THE PARTY WHO REQUESTED ARBITRATION OF THE DISPUTE SHALL FILE WITH THE ARBITRATOR AND SERVE ON THE OTHER PARTY (AND COUNSEL) A POSITION STATEMENT SETTING FORTH A DESCRIPTION OF THE FACTS UNDERLYING THE DISPUTE, THE NATURE OF THE DISPUTE, THE QUESTION(S) TO BE RESOLVED AND THE RELIEF REQUESTED. WITHIN TEN (10) DAYS AFTER THE SERVICE OF THE INITIAL POSITION STATEMENT, THE OTHER PARTY(IES) SHALL FILE AND SERVE WHATEVER COUNTER-POSITION STATEMENT MAY BE APPROPRIATE TO PRESERVE AND ASSERT SUCH PARTY’S POSITION SETTING FORTH A DESCRIPTION OF THE FACTS UNDERLYING THE DISPUTE, THE NATURE OF THE DISPUTE, THE QUESTION(S) TO BE RESOLVED AND THE RELIEF REQUESTED. TEN

Position Statements. 122 9.4 Negotiations . . . . . . . . . . . . . . . . . . .123 9.5 Resolution Panel Decision. . . . . . . . . . . . .123 9.6 Forum and Waivers. . . . . . . . . . . . . . . . .123

Position Statements. 7.1 The Trustee or one or more debenture holders holding at least five percent of the balance of the nominal amount of the Debentures (Series A) may apply to the debenture holders in writing, in a letter attached to the voting instrument, in order to persuade them regarding the manner of their voting on matters put forward for consideration in a meeting (in the schedule – "position statement"). 7.2 A holder wishing to exercise this right shall notify the Trustee in that regard during the session in which it was resolved to put that matter to the vote, and shall submit the position statement to the Trustee within 24 hours from the time of that session. 7.3 At a meeting called at the request of the debenture holders or by the debenture holders, as provided in sections 1.2 and 1.3, each holder may publish, through the Trustee, a position statement regarding matters on the agenda of the meeting. 7.4 The Trustee and the Company may, each separately, publish a position statement in response to a position statement sent in accordance with sections 8.1 or 8.3 above or in response to another application to the debenture holders. 7.5 No position statement may be published in a consultation meeting.