Procedural Issues Sample Clauses

Procedural Issues. All Warrant Shares issued pursuant to this Section 1.1 shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares. A stock certificate or certificates for the Warrant Shares specified in the Exercise Form shall be delivered to the Warrantholder as promptly as practicable, and in any event within three Business Days, thereafter. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant. No adjustments shall be made on Warrant Shares issuable on the exercise of this Warrant for any cash dividends paid or payable to holders of record of Common Stock prior to the date as of which the Warrantholder shall be deemed to be the record holder of such Warrant Shares.

Procedural Issues. All Warrant Shares issued pursuant to this Section 1.1 shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business (i) on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares, if issued pursuant to Section 1.1(a) or Section 1.1(c), or (ii) on the date on which this Warrant shall have been surrendered, if issued pursuant to Section 1.1(b). A stock certificate or certificates for the Warrant Shares specified in the Exercise Form shall be delivered to the Warrantholder as promptly as practicable, and in any event within ten (10) days, thereafter. The stock certificate or certificates so delivered shall be in denominations of 100 shares each or such lesser or greater denominations as may be reasonably specified by the Warrantholder in the Exercise Form. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant. No adjustments shall be made on Warrant Shares issuable on the exercise of this Warrant for any cash dividends paid or payable to holders of record of Common Stock prior to the date as of which the Warrantholder shall be deemed to be the record holder of such Warrant Shares.

Procedural Issues. The decision of the arbitrator shall be final and binding on both parties. The costs for the arbitration shall be divided equally between the Union and the Medical Center. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement. Upon request, the Medical Center shall make every effort to reschedule any employee called as a witness in any arbitration hearing in order that said employee shall have continuity of income, provided, however, the notice of intention to call an employee as a witness shall be provided by the Union to the Employer in writing and at least fourteen (14) days prior to any hearing.

Procedural Issues. (a) An election by a Player or a Club of salary arbitration made in accordance with the provisions herein, shall give to the Salary Arbitrator jurisdiction in the dispute with respect to the other party also. Subject to Section 12.10, the Salary Arbitrator's decision shall be final and binding on the parties. The Club and the Player shall sign an SPC promptly thereafter, effective as of the date the Salary Arbitrator's decision is issued, for the League Year(s) for which the request for salary arbitration was made under this Article, setting out the terms of the Salary Arbitrator's decision. The terms of the award of the Salary Arbitrator shall not be modified in any respect. (b) Only the dispute with respect to the terms of one (1) SPC shall be considered in any one hearing. (c) The NHLPA and the NHL are responsible for the procedural steps described herein and shall act on behalf of the Player and the Club, respectively. All communications with the Salary Arbitrator, other than during the hearing, shall be only by and through the NHLPA and the NHL.

Procedural Issues. Matters covered by statute and/or governmental agencies are not subject to the grievance procedure. A grievance may be withdrawn at any level without establishing a precedent. Probationary employees may be disciplined or discharged without recourse of the grievance procedure.

Procedural Issues. 1. Each Party shall promote public awareness of environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is available to the public. 2. Each Party shall ensure that an interested person residing or established in its territory may request that the Party's competent authorities investigate alleged violations of its environmental law, and that the competent authorities give due consideration to such requests, in accordance with the Party's legal system. 3. Each Party shall ensure that judicial or administrative proceedings for the enforcement of its environmental laws are available in accordance with its legal system and that such proceedings are fair, equitable, transparent, and comply with due process. Any hearing in such proceedings shall be open to the public, except where the administration of justice requires otherwise in accordance with its legal system. 4. Each Party shall ensure that persons with a recognized interest in a particular matter under its legal system have appropriate access to the procedures referred to in paragraph 3. 5. Each Party shall provide appropriate sanctions and remedies for violations of its environmental laws. Such sanctions or remedies may include the right to bring an action directly against the violator to seek redress for damages or injunctive relief, or the right to seek government action. 6. Each Party shall ensure that due consideration is given to relevant factors in establishing the sanctions or remedies referred to in paragraph 5. These factors may include the nature and severity of the violation, the damage to environment and any economic benefit that the violator derived from the violation.

Procedural Issues. (i) There are no liens for Taxes upon the assets of any of the Companies other than for Taxes not yet due and payable. (ii) No written claim has been made by any Taxing Authority in the last three years in a jurisdiction where any of the Companies does not file Tax Returns that it is or may be subject to taxation in that jurisdiction. (iii) There are no outstanding commitments or agreements with any Taxing Authority extending or waiving the statutory period of limitations applicable to any claim for, or the period for the collection or assessment of, Taxes of any Company due for any taxable period and no power of attorney is currently in force or has been requested with respect to any matter relating to Taxes that could affect such Company following the Closing.

Procedural Issues. Xx Xxxxxx referred me Xxxxxxxxx v Xxxxxxxxx [1843] 3 Hare 313, which obliges parties in litigation to bring all points at once in order to bring finality to legal proceedings. It was pointed out that the last transaction (the sale agreement) covered a variety of registered rights, not just the patent, and those rights were intertwined with these entitlement proceedings. I think Xx Xxxxxx was suggesting that all these issues should be decided at once and that the best place to deal with that would be in the court.

Procedural Issues. 8.1 Each Party shall within 5 (five) Business Days after the Signature Date provide the other with a list of the names of persons duly authorised to bind such party and to act as the contact persons pursuant to the provisions of this Agreement, certified specimens of such persons’ signatures and evidence satisfactory to each party that such persons are in fact duly authorised to bind the Party it represents. 8.2 The Exporter / [] confirm that it shall at all times adhere to the terms and conditions of the Export Contract and the Contract, respectively. 8.3 Neither the Financial Institution nor the Exporter / [] shall cede any of their respective rights and/or delegate any of their respective obligations under this Agreement to any third party without the prior written consent of the ECIC first being obtained.

Procedural Issues. The Arbitration Panel attached the utmost importance to due process and fair trial during both the written and oral stages of the proceed- ings. As the Rules and PGDC were brief with respect to procedural issues, the Arbitration Panel let itself be guided by the general proce- dural principles applicable before courts and arbitral bodies as codi- fied in the AAA Guidelines110 or the principles applied in internation- al commercial arbitration. At all stages of the proceedings ample opportunity was given to the parties, including the athlete, to submit their views and to present their witnesses and expert witnesses. On several occasions the Arbitration Panel summoned expert witnesses on its own behalf.111 Probably the most important procedural achievement to result from the Arbitration Panel’s case law is that, from the mid-nineties, athletes began to be formally treated as independent parties to the dis- pute with full rights, even where under Rule 21, paragraph 3 (ii) in the majority of cases the member federation, not the athlete, was the respondent. On several occasions it was suggested that in disputes under Rule 21, paragraph 3 (ii), where the IAAF appealed a decision of a body of a member federation, the Arbitration Panel was only competent to review the legality of the contested decision on the basis of the facts and evidence available before that body. The Panel has consistently 103 Schedule 1 PGDC, see footnote 42. 104 Note to Schedule 1 Part I under (a) (I) PGDC, 2000 Edition. 105 Xxxxx (2000), see footnote 72, recital 15 and 16. 106 See footnote 44. 107 Rule 60, paragraph 2 (a). 108 Xxxxxxx (2003), see footnote 88. 109 Rule 60, paragraph 8 and PGDC. 111 Rule 5 and 1 (b), (h) AG. rejected this argument. Instead, the Panel interpreted the Rules as providing for proceedings de novo. Thus, whenever the IAAF appealed against a national decision, the case would be heard taking into account all legal, factual and scientific aspects available at the time of the hearing. 22 2005/3-4