Priority Rights. If the Managing Underwriter or Underwriters of any proposed Underwritten Offering advises Crestwood that the total amount of Registrable Securities that the Selling Holders and any other Persons intend to include in such offering exceeds the number that can be sold in such offering without being likely to have an adverse effect on the price, timing or distribution of the Common Units offered or the market for the Common Units, then the Common Units to be included in such Underwritten Offering shall include the number of Registrable Securities that such Managing Underwriter or Underwriters advises Crestwood can be sold without having such adverse effect, with such number to be allocated, (i) in the case of an Underwritten Offering initiated by Crestwood, (A) first, to Crestwood, (B) second, to any holder of securities of Crestwood having rights of registration that are expressly senior to the Registrable Securities (the “Senior Securities”), (C) third, pro rata among the Selling Holders who have requested participation in such Underwritten Offering and any other holder of securities of Crestwood having rights of registration that are neither expressly senior nor subordinated to the Registrable Securities (the “Parity Securities”), and (D) fourth, pro rata among any other holders of securities of Crestwood having registration rights, and (ii) in the case of an Underwritten Offering by any other holders of securities of Crestwood having registration rights (the “Other Holders”), (A) first, pro rata among the Other Holders, (B) second, pro rata among any other holder of Senior Securities, (C) third, pro rata among the Selling Holders who have requested participation in such Underwritten Offering and any other holder of Parity Securities, (C) fourth, to Crestwood and (D) fifth, pro rata among any other holders of securities of Crestwood having registration rights. The pro rata allocations for each Selling Holder who has requested participation in such Underwritten Offering shall be the product of (1) the aggregate number of Registrable Securities proposed to be sold in such Underwritten Offering by the Selling Holders multiplied by (2) the fraction derived by dividing (x) the number of Registrable Securities owned by such Selling Holder by (y) the aggregate number of Registrable Securities owned by all Selling Holders plus the aggregate number of Parity Securities owned by all holders of Parity Securities that are participating in the Underwritten Offering.
Priority Rights. During the advance notice period as described in Article 4.5 (b), Employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they are qualified, with the Employee with the greatest employment seniority having first priority rights.
4.6 The Employer agrees that Regular Employees may apply for and receive tuition reimbursement consistent with the terms and conditions of the Tuition Reimbursement Program set out as Corporate Policy 300-24. Where a Regular Employee voluntarily resigns within one (1) year of reimbursement of tuition, the Employee shall reimburse 50% of the Employer-paid portion of Tuition Assistance.
4.7 The Employer and the Union agree there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to employment or conditions of employment against a person as provided under the Ontario Human Rights Code, R. S. O. 1990, c. H.19 and there shall be no discrimination for Union activity.
4.8 Substance abuse is a serious medical and social problem which can affect Employees, their families and the safety of the individual and fellow workers. The Employer and the Union actively promote and encourage early diagnosis and treatment which assists Employees towards full rehabilitation.
4.9 In the event there is a merger with another Employer, Company or Companies, in which the covered Employees therein are represented by another Union, the representation rights and the Collective Agreement and the status quo of Local 636 IBEW members shall be maintained in respect of those members until a final determination is made under the Labour Relations Act of Ontario or any successor organization as to the proper representation of the combined group.
4.10 Should the Employer merge, amalgamate, or combine any of its operations or functions with another Employer, Company or Companies, the Employer agrees to give the Union as much notice as practically possible prior to any intent by the Employer to implement the above.
4.11 In the event of organizational re-structuring, Enersource will observe all of the terms and conditions of the Collective Agreement, seniority will be retained and Employees will remain able to apply for any posted position
4.12 This Agreement shall be binding upon the Parties hereto, their Successors, Administrators, Executors and Assigns.
Priority Rights. During the advance notice period, as described in Article employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they are qualified, with the employee with the greatest employment seniority having first priority rights. Should the posted vacancy be at a level lower than the employee's technologically-impacted position, the employee will retain current rate of pay and current wage range. In addition, the employee will receive future general increases and step increases in accordance with the Collective Agreement.
Priority Rights. Those discipline rights based on years of service within the discipline. They are one of the elements used in establishing a rotational system for determining schedules, overload, and extra-duty. Priority rights have no role within the staff reduction process.
Priority Rights. The conveyance by the Seller of the Priority Rights pursuant to this agreement for the operation of satellites and/or ancillary terrestrial component systems in the DBSD Territory, and the granting of covenants regarding interference with such operations, as contemplated in Section 8.1 of the License Agreement, will not conflict with or result in any breach of any agreement to which the Seller is a party or by which the Seller is bound (including without limitation all agreements with Xxx and Xxxxxxxx (Pty) Ltd.).
Priority Rights. 6.1.1. Employers undertake to grant employees who are full members of Efling in the union area in question priority rights to all general manual labour when such is required, and such is offered to members who are fully qualified for the work in question.
6.1.2. Employers always have a free choice regarding which members of the relevant unions they shall recruit. If an employer wishes to employ a person who is not a member of Efling, the union in question shall be obliged to admit that person if he/she applies for such and if it does not conflict with the articles of association of the company.
6.1.3. In the event of a shortage of personnel for work, Efling undertakes to grant the members of the Confederation of Icelandic Enterprises the right of priority to recruit full members, provided that the board of the company gives notice regarding the shortage of personnel.
Priority Rights. 6.1.1 Employers shall undertake to allow workers that are full members of the relevant union to have priority for general labouring work, when this is demanded and where members are available and are fully competent for the work in question.
6.1.2 Employees always have a free choice as to which members of the union in question they employ. If an employee wishes to employ a person for work who is not a full member, then the union shall be obliged to grant this person membership if he applies for it and if it is not contrary to the union’s articles of association. On facilities and health
Priority Rights. During the advance notice period, as described in Article employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they are qualified, with the employee with the greatest employment seniority having priority rights. Should the posted vacancy be at a level lower than the employee’s technologically-impacted position, the employee will retain her/his current rate of pay and current wage range. In addition, the employee will receive general increases and step increases in accordance with the Collective Agreement. Should a job be eliminated due to technological change and a new job created, the Employer will provide the affected employees, on an employment seniority basis, up to six months’ training. Additional training may, subsequent to consultation with at the Labour/Management Committee, be provided. Should there be an insufficient number of newly created jobs, or should no new jobs be created, or should the affected employees choose not to accept the training, then the employees will have the option of being returned to their respective immediate previous positions, or being placed in other positions by the Employer. The Employer will provide up to six months’ training. Such employees will retain the current rate of pay and current wage range. In addition, these employees will receive future general increases and step increases in accordance with the Collective Agreement.
Priority Rights. TimberWest will not sell, transfer or otherwise dispose of any Chips produced from TimberWest Facilities unless:
(a) TimberWest provides Catalyst with the following:
(i) a first opportunity to negotiate an agreement for the purchase and sale of such Chips; and
(ii) if TimberWest receives a third party offer to purchase any such Chips which it intends to accept or negotiates an agreement with a third party in respect of the purchase and sale of such Chips, the right to purchase such Chips on terms and conditions no less favourable to Catalyst than the proposed offer or agreement; and
(b) any agreement it enters into in respect of such Chips after complying with Subsection 2.3(a) has a term of no more than five years (taking into account any potential renewal or evergreen replacement provisions). For greater certainty, any Chips delivered to Catalyst after July 1, 2010 pursuant to an agreement with Catalyst under this Section 2.3 will mitigate the reduction in the Timber Harvesting Management Fee (as defined in the Timber Harvesting Management Agreement Amendment) in accordance with the Timber Harvesting Management Agreement Amendment as long as such agreement and the Chips delivered thereunder meet all of the requirements of Section 2.4 of the Timber Harvesting Management Agreement Amendment applicable to commitments for an alternative supply of Chips.
Priority Rights. 1.1. Pursuant to Section 5 of the Agreement, each Party will have equal rights to the entire capacity of the Line up to the point that the capacity of the Line is exceeded. Under those conditions, Avista will have first right and priority to 240 megawatts (originally 200 megawatts, but increased when delivery of Xxxxx Project power began) from West to East and PacifiCorp will have first right and priority to 240 megawatts from East to West. The Parties agree that these rights will define priority rights and that the
1.2. The Parties agree that Priority Rights will increase proportionately as the capacity of the Line is increased. For example: If the capacity of the Line is increased to 530 megawatts, Avista’s Priority Rights will increase to 265 megawatts in the easterly direction and PacifiCorp’s Priority Rights will increase to 265 megawatts in the westerly direction.
1.3. The Parties agree that the Priority Rights of each Party are preserved for any temporary de-rating of the Line. For example: If the Line is rated at 530 megawatts for the winter season and if circumstances require that the Line be de-rated to 500 megawatts, the priorities of each Party will remain at 265 in the respective directions as specified in the Agreement.
1.4. If the Line is permanently rated at below 480 megawatts, then each Party will maintain its Priority Rights of 240 megawatts in the respective directions as specified in the Agreement.
1.5. If the Line is rated at below 240 megawatts, each Party will maintain Priority Rights to the entire capacity of the Line in the respective directions as specified in the Agreement.
