Qualification Conditions. As of the Expiration Date and Settlement Date only, either (i) the New Notes have been duly authorized for listing, subject only to notice of issuance, on the New York Stock Exchange or other Nationally Recognized Securities Exchange or (ii) the Company has obtained final and unconditional "blue sky" clearance to consummate the Offers to all existing noteholders in each of the 50 United States, Puerto Rico, the District of Columbia and Guam. Xxx xxxxxxxxxxx xxxxxx xx xny officer of the Company and delivered to the Dealer Manager or counsel for the Dealer Manager in connection with the Exchange Offer shall be deemed a representation and warranty by the Company as to matters covered thereby to the Dealer Manager.
Qualification Conditions. Both parties agree to address in future labor management sessions the full array of qualifications to be considered for promotion and upgrade of each covered job classification and the procedural structure to be used to assess those qualifications; e.g., establishing a joint “Interview and Selection Committee”. After consensus is reached, the parties will establish through a Memorandum of Understanding (MOU) a schedule to eliminate the “rule of two” provision referenced above and publish the list of qualifications and procedures to be used for future promotional and upgrade decisions by the hiring supervisor. Until such time as consensus is reached and memorialized through the MOU referenced above, the hiring supervisor will use best judgment to assess qualifications, including consideration of factors briefly listed by subject and discussed during contract negotiation sessions.
