Preemptive Clause Sample Clauses

Preemptive Clause. 1.6.1 Nothing contained in this Agreement is intended to nor shall it conflict or abrogate the powers or duties and responsibilities vested in the Idaho Legislature, State Board of Education or New Plymouth School District Board of Trustees by the laws of the state of Idaho.
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Preemptive Clause. Nothing contained in this Negotiation Agreement is intended to or shall conflict with, or abrogate the powers or duties and responsibilities vested in the legislature, State Board of Education, or the Moscow School District Board of Trustees by the laws of the State of Idaho and all federal laws. The Moscow School District Board of Trustees is entitled, without negotiation or reference to any Negotiated Agreement, to notify the Moscow Education Association President and to take immediate action that may be necessary to carry out its responsibility due to situations of emergency or force majeure (sometimes called acts of God). Nothing contained within this passage shall diminish the right of the Board of Trustees of the District to promulgate rules and regulations for the governance of the District as provided by the Idaho Code and federal law.
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Preemptive Clause. Nothing contained in this Agreement is intended to or shall conflict with or abrogate the powers or duties and responsibilities vested in the Idaho Legislature, State Board of Education, or the Mountain Home School District Board of Trustees by the laws of the state of Idaho. The Mountain Home School District is entitled, without negotiation or reference to any Negotiated Agreement, to notify the Mountain Home Education Association and to take immediate action that may be necessary to carry out its responsibility due to situations of emergency or force majeure (sometimes called Acts of God). Nothing contained within this passage shall diminish the right of the Board of Trustees of the District to promulgate rules and regulations for the governance of the District as provided by Idaho Code.
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Preemptive Clause. 1.3.1 Nothing contained in this Agreement is intended to nor shall it conflict with or abrogate the powers or duties and responsibilities vested in the Idaho Legislature, State Board of Education or the Rockland School District Board of Trustees by the laws of the state of Idaho. The Rockland School District is entitled, without negotiation or reference to any Collective Bargaining Agreement (Master Contract), to notify the Rockland Education Association and to take immediate action that may be necessary to carry out its responsibility due to situations of emergency or force majeure. Nothing contained within this passage shall diminish the right of the Board of Trustees of the District to promulgate rules and regulations for the governance of the District as provided by Idaho Code. 1.3.2 The Board is empowered to change policy from time to time as need exists. Such changes, when approved by official Board action, become Board policies and are binding on all parties. When a change in Board policy results in a conflict with this Agreement, the agreement controls and shall be followed for the duration of the contract year. 1.3.3 It is recognized that matters falling under the prerogative of management as a function of administration are not negotiable. Among the prerogatives are the rights to: a. Recruit
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Related to Preemptive Clause

  • Preemptive Rights (a) In the event that the Purchaser Beneficially Owns at least 20% of the aggregate number of shares of NewCo Common Stock then outstanding, if NewCo engages in any transaction involving the direct or indirect sale or issuance of Covered Securities by NewCo and such sale or issuance would cause the Purchaser to Beneficially Own less than 20% of the aggregate number of outstanding shares of NewCo Common Stock immediately following such sale or issuance, the Purchaser will be afforded the opportunity to acquire from NewCo, for the same price and on the same terms as such Covered Securities are offered, up to an amount (the “Amount”) necessary to enable the Purchaser to own 20% of the aggregate number of outstanding shares of NewCo Common Stock immediately following such sale or issuance; provided, that, if the transaction at issue is an acquisition, merger or other business combination involving a Third Party by NewCo in which NewCo issues or sells Covered Securities as consideration for the transaction, such Covered Securities shall be deemed to be offered at the per share purchase price implied from the transaction terms as of the time of entry into the agreement for such transaction; provided, further, that, if such per share purchase price is not reasonably ascertainable, the per share purchase price shall be deemed to be the trading price of the NewCo Common Stock at the close of the business on the day immediately prior to the public disclosure or announcement of such transaction. (b) If NewCo proposes to engage in a transaction involving the direct or indirect sale or issuance of Covered Securities described in Section 8.12(a) above, NewCo will first submit written notice (the “Notice of Preemptive Rights”) to the Purchaser disclosing the terms of the proposed sale or issuance transaction (which notice will set forth all material terms, including price, number of securities or aggregate principal amount, as applicable, and the type of securities to be sold or issued). The Notice of Preemptive Rights will include an offer to the Purchaser to purchase up to the Purchaser’s Amount of such Covered Securities on terms and conditions, including price, not less favorable to the Purchaser than those on which NewCo proposes to sell such Covered Securities to the third party or parties. Such offer as set forth in the Notice of Preemptive Rights will remain open for a period of at least 15 Business Days after the Notice of Preemptive Rights is delivered, prior to the expiration of which period the Purchaser may accept such offer by written notice to NewCo setting forth the number of Covered Securities that the Purchaser intends to purchase. The consummation of such purchase by the Purchaser shall be conditioned on the simultaneous or prior consummation of the sale described in the Notice of Preemptive Rights. Nothing herein shall prohibit NewCo’s consummation of the sale set forth in the Notice of Preemptive Rights to third parties prior to the sale of Covered Securities to the Purchaser hereunder as long as NewCo has provided Purchaser the required notice hereunder and the Purchaser is simultaneously with or promptly after such consummation provided the opportunity to purchase the amount of Covered Securities that it would have been entitled to purchase if such issuance had occurred at the same time. (c) Any Covered Securities covered by a Notice of Preemptive Rights which are not purchased by the Purchaser pursuant to Section 8.12(b) may be sold by NewCo to a third party or parties at any time within 180 days following the expiration of the 15 Business Day period specified in Section 8.12(b); provided that each of the price and the other terms and conditions of such sale are not more favorable to such third parties than as set forth in the Notice of Preemptive Rights. For the avoidance of doubt, any sale or issuance of Covered Securities other than in compliance with this Section 8.12(c) will require delivery of a new Notice of Preemptive Rights.

  • Shift Preference 200 Shift preference will be granted on the basis of seniority within the classification as openings occur. The transfer to the desired shift will be effected within two (2) weeks following the end of the current pay period within which a written request is made, provided the employee can do the work. a. An employee who is assigned to a specific shift based on his/her request shall remain assigned to that shift and not be eligible for another shift preference transfer for a period of six (6) months.

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