PRELIMINARY PROCEEDINGS Sample Clauses

PRELIMINARY PROCEEDINGS. 3. The Complaint.
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PRELIMINARY PROCEEDINGS. 3. The Complaint. 4. Arrest Warrant or Summons Upon Complaint. (a) Issuance. (b) Probable Cause. (c) Form.
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PRELIMINARY PROCEEDINGS. Any neutral panel having jurisdiction under this Chapter to which a dispute has been referred in accordance with Article 11 (Establishment of a Neutral Panel) and Article 15 (Terms of Reference of the Neutral Panel), shall determine at the request of a party to the dispute, a Party with legitimate third party rights, or propio motu, whether the claim constitutes an abuse of legal process or whether, prima facie, it is well founded. If the neutral panel determines that the claim constitutes an abuse of legal process or is prima facie, unfounded, it shall take no further action in the case.
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PRELIMINARY PROCEEDINGS. Tenured Faculty only 1. When the College has reason to question the fitness of a faculty member who has tenure, the appropriate administrative officers shall discuss the matter with the faculty member in a personal conference. The faculty member has the right to FFEC representation in such a conference. The matter may be terminated by mutual consent after such a conference. 2. If an adjustment does not result from 10.4(b)1 within fifteen (15) business days, a Review Committee of three (3) tenured faculty members will be selected by the Vice President of Academic Affairs from a list of seven (7) provided by the FFEC (without representation from the faculty member’s discipline). The Review Committee shall informally inquire into the situation to affect an adjustment, if possible, and, if none is affected, to determine whether in its view formal proceedings to consider the faculty member’s dismissal should be instituted. 3. If the Review Committee recommends that formal proceedings should begin, or, if the Vice President of Academic Affairs, even after considering a recommendation of the Review Committee favorable to the faculty member, expresses their conviction that a proceeding should be undertaken, action shall be commenced under the procedures which follow within fifteen (15) business days. 4. Except where there is disagreement, a statement with reasonable specificity of the grounds proposed for the dismissal should then be jointly formulated by the Vice President of Academic Affairs and the Review Committee prior to commencement of the formal proceedings. 5. If there is disagreement between the Review Committee and the Vice President of Academic Affairs, the VPAA and their designee should formulate the statement called for above.
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PRELIMINARY PROCEEDINGS. The Complaint Rule 4
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PRELIMINARY PROCEEDINGS. Except in the case of reductions-in-force (which are governed by Article 13 of this Agreement), the President or designee shall provide written reasons for considering the potential dismissal of a faculty member and shall provide an opportunity for the faculty member to meet informally with the President or designee to discuss the concerns. The faculty member may have a union representative present at this meeting. The matter may be informally resolved at this point by mutual agreement. The President shall place the letter and/or any resolution agreement in the faculty member’s personnel file unless mutually agreed otherwise.
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PRELIMINARY PROCEEDINGS. Prior to the institution of any arbitration proceeding pursuant to this "Arbitration" Section, Licensor or Licensee may, at their respective option, elect to: A. Have the arbitrator conduct, in a separate proceeding prior to the actual arbitration, a preliminary hearing, at which hearing testimony and other evidence may be presented and briefs may be submitted, including, without limitation, a brief setting forth the then applicable statutory or common Law methods of measuring damages in respect of the controversy or claim being arbitrated; or, B. Submit the controversy or claim to non-binding mediation before the LCIA or another mutually agreeable mediator, in which event both parties shall execute a suitable confidentiality agreement.
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Related to PRELIMINARY PROCEEDINGS

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Initiation of Proceedings If foreclosure approval has not been withheld by the Master Servicer and, where applicable, by the respective Primary Mortgage Insurer and/or the respective Pool Insurer, with respect to a Mortgaged Property, including Co-op Shares, the Servicer shall, unless it arranges for the sale by the Borrower of the Mortgaged Property to a third party pursuant to Section 13.3.3, initiate or cause to be initiated such foreclosure actions as are authorized by law and consistent with practices in the locality where the Mortgaged Property is located, including, in the case where such Mortgaged Property includes a residential long-term lease, the succession by the Servicer to the rights of the Borrower under the lease by foreclosure, assignment in lieu of foreclosure or other comparable means. If such Mortgaged Property has been abandoned or vacated by the Borrower and the Borrower has evidenced no intention of honoring his obligations under the related Mortgage Loan, the foreclosure process shall be expedited to the fullest extent permitted by law.

  • Costs of Proceedings Each party shall pay its own costs and expenses in connection with any legal proceeding (including arbitration), relating to the interpretation or enforcement of any provision of this Exhibit, except that the Company shall pay such costs and expenses, including attorneys' fees and disbursements, of Executive if Executive prevails in such proceeding.

  • Completion of Proceedings All corporate and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto not previously found acceptable by Administrative Agent, acting on behalf of Lenders, and its counsel shall be satisfactory in form and substance to Administrative Agent and such counsel, and Administrative Agent and such counsel shall have received all such counterpart originals or certified copies of such documents as Administrative Agent may reasonably request.

  • Regulatory Proceedings The commencement of any rulemaking or disciplinary proceeding or the promulgation of any proposed or final rule which would have, or may reasonably be expected to have, a Material Adverse Effect;

  • Commencement of Proceedings Any claim notified pursuant to paragraph 4.2 of this Schedule 4 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) where the claim is a claim for breach of any Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 at a time when the amount set out in paragraph 1.1 of this Schedule 4 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 exceeding the amount set out in paragraph 1.1 of this Schedule 4 for the first time.

  • Suits and Proceedings To Seller’s Knowledge, except as listed in Exhibit H, there are no legal actions, suits or similar proceedings pending and served, or threatened in writing against Seller or the Property which (i) are not adequately covered by existing insurance and (ii) if adversely determined, would materially and adversely affect the value of the Property, the continued operations thereof, or Seller’s ability to consummate the transactions contemplated hereby.

  • Proceedings Promptly on receipt by an Indemnified Person of notice of a Proceeding against it, the Indemnified Person will, if a claim is to be made under Section 4.6(a), notify the Issuer, the Servicer and the Administrator of the Proceeding. The Issuer, the Servicer and the Administrator may participate in and assume the defense and settlement of a Proceeding at its expense. If the Issuer, the Servicer or the Administrator notifies the Indemnified Person of its intention to assume the defense of the Proceeding with counsel reasonably satisfactory to the Indemnified Person, and so long as the Issuer, the Servicer or the Administrator assumes the defense of the Proceeding in a manner reasonably satisfactory to the Indemnified Person, the Issuer, the Servicer and the Administrator will not be liable for fees and expenses of counsel to the Indemnified Person unless there is a conflict between the interests of the Issuer, the Servicer or the Administrator, as applicable, and an Indemnified Person. If there is a conflict, the Issuer, the Servicer or the Administrator will pay for the reasonable fees and expenses of separate counsel to the Indemnified Person. No settlement of a Proceeding may be made without the approval of the Issuer, the Servicer and the Administrator and the Indemnified Person, which approval will not be unreasonably withheld, conditioned or delayed.

  • Insolvency; Voluntary Proceedings The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

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