Removals. Subject to satisfaction of the conditions set forth below and any other conditions required by the Buyer, upon 30-days’ prior written request of the Collection Agent, the Buyer hereby agrees to the removal of any Originator designated by the Collection Agent (each such event, a “Removal”):
(i) no Termination or Event of Termination shall have occurred and be continuing, or shall result from, or reasonably be expected to result from, such Removal or the Related Removals;
(ii) the Buyer shall have received a Monthly Report calculated on a pro forma basis (after giving effect to such Removal and all Related Removals), which pro forma Monthly Report shall demonstrate compliance with all covenants hereunder and under the Loan Agreement, including the ratios set forth in Sections 7.01(h) and (i) of the Loan Agreement;
(iii) as of the last day of the Collection Period most recently ended prior to such Removal, the average Net Receivables Balance of all Receivables of the Originator(s) subject to such Removal and all Related Removals over the prior 3 Collection Periods shall not be greater than 7.5% of the average Net Receivables Balance of Receivables of all Originators during the Collection Period 3 months prior to such Collection Period and the two prior Collection Periods;
(iv) such Originator shall execute such agreements, instruments and documents as the Buyer and the Administrative Agent may reasonably request, in form and substance satisfactory to the Buyer and the Administrative Agent to effectuate the requested Removal, including an amendment to this Agreement effectuating such Removal; and
(v) the Buyer shall have received all Collections pertaining to Purchased Receivables (that have not become Defaulted Receivables) and all Noncomplying Receivables Adjustments, in each case, attributable to the Originator subject to the requested Removal. Upon the effectiveness of any Removal, Schedule I hereto shall be deemed amended to delete the name of the applicable Person. Authorized Representative shall promptly notify the Collection Agent of any Addition or Removal hereunder.
Removals. Removals from a xxxxxx family boarding home will be made in accordance with the requirements of section 400 of the Social Services Law and 18 NYCRR 443.5. The Agency must provide the required written notice to the xxxxxx parent(s).
Removals. (a) If the existing equipment on the pole or anchor (including Permittee’s equipment) cannot be relocated in accordance with Section 7.4 or rearranged in accordance with Section 7.4 to create the required space or capacity for the Company’s use and
(1) the Company needs the space or capacity occupied by the Permittee’s equipment for its use to serve core utility customers, or
(2) should any pole to which Permittee has attached an Attachment be taken by the power of eminent domain, then on being given at least sixty (60) days written notice (Exhibit F or equivalent) by the Company to do so, or in cases of emergency on such notice less than sixty (60) days as the circumstances reasonably permit (some emergency circumstances may include no notice), the Permittee shall remove its Attachments from the Company Poles as the Company shall designate and at the expiration of the time specified in the notice all rights and privileges of the Permittee in and to the Company Poles designated shall terminate.
(b) Permittee shall not be entitled to any compensation paid as a result of a taking by the power of eminent domain, except for compensation paid expressly for the taking or relocating of Permittee’s Attachment. In no event shall Permittee be entitled to any compensation for the taking of the Company Right-of-Way itself.
(c) The Permittee may on its own remove its equipment from the Company Facilities and provide the Company within sixty (60) days a written notice (Exhibit E or equivalent).
(d) In the event of a removal as provided in this section, Permittee shall be entitled to a rental refund if a refund is requested by Permittee and if the rental value exceeds $1,000.00.
Removals a. An Appointing Authority may remove an Employee, except those covered by paragraph 26.3(e), only for just cause.
b. Any charges filed against any Employee shall state specifically the just cause or causes the Appointing Authority feels are sufficient to constitute grounds for removal, and in addition, the specific act or acts of such Employee constituting such cause; provided, that in no case shall such vague and indefinite charges as "for the good of the City" be considered for removal and that in no case may an Employee be removed on account of his or her religious or political opinions or affiliations or for refusing to contribute to a political fund or to render political service.
c. Any Employee proposed to be removed for just cause, shall be notified in writing of the charges against him or her, the date of separation, and the rights of the Employee to file a formal Grievance under the CDSA contract. The Appointing Authority shall personally deliver such written notice to the Employee or send it by certified mail to the Employee's last known address and shall send to CDSA a copy of such notice sent or delivered to the Employee.
d. If the Employee being removed files a Grievance, the Employee shall be placed on suspension without pay until the Grievance is resolved except in those cases where suspension without pay is prevented by law.
e. Unclassified City Employees that are appointed by the Mayor or the City's Chief Administrative Officer, whether or not approved by the City Council, or whose appointment must be approved by the Chief Administrative Officer under Section 21 of the City Charter, may be removed from their appointed position without cause. Article 29 (Layoffs) does not apply to removals made pursuant to this Section 26.3(e). Employees who have held their appointed position for more than one year who then return to their previous CDSA position with the Employer after removal from their appointed position shall continue to be compensated at their rate of pay in the appointed position at the time of the removal for a period of four (4) weeks while working in the classified position.
Removals a. An Appointing Authority may remove any Employee who has completed the probation period prescribed in accordance with the Duluth Civil Service Code (Duluth City Code Chapter 13) only for just cause.
b. Any charges filed against any Employee shall state specifically the just cause or causes the Appointing Authority feels are sufficient to constitute grounds for removal, and in addition, the specific act or acts of such Employee constituting such cause; provided, that in no case shall such vague and indefinite charges as "for the good of the City" be considered for removal and that in no case may an Employee be removed on account of their religious or political opinions or affiliations or for refusing to contribute to a political fund or to render political service.
c. Any Employee proposed to be removed for just cause, shall be notified in writing of the charges against him or her, the date of separation, and the rights of the Employee to file a formal Grievance under the union contract. The Appointing Authority shall forthwith personally deliver such written notice to the Employee or send by certified mail to the Employee's last known address and shall also forthwith send to the Union a copy of such notice sent or delivered to the Employee.
Removals a. An Appointing Authority may remove an Employee only for just cause.
b. Any charges filed against any Employee shall state specifically the just cause or causes the Appointing Authority feels are sufficient to constitute grounds for removal, and in addition, the specific act or acts of such Employee constituting such cause; provided, that in no case shall such vague and indefinite charges as "for the good of the City" be considered for removal and that in no case may an Employee be removed on account of his or her religious or political opinions or affiliations or for refusing to contribute to a political fund or to render political service.
c. Any Employee proposed to be removed for just cause, shall be notified in writing of the charges against him or her, the date of separation, and the rights of the Employee to file a formal Grievance under the Union contract. The Appointing Authority shall personally deliver such written notice to the Employee or send it by certified mail to the Employee's last known address and shall send to the Union a copy of such notice sent or delivered to the Employee.
d. If the Employee being removed files a Grievance, the Employee shall be placed on suspension without pay until the Grievance is resolved except in those cases where suspension without pay is prevented by law.
Removals. Any Manager or the entire Board of Managers may be removed, with or without cause, and another person or persons may be elected to serve for the remainder of his or their term by a Majority Interest. In case any vacancy so created shall not be filled by the Members, such vacancy may be filled by the remaining Managers as provided in Section 5.2(d).
Removals. In a form and manner specified by CMS, the Hospital shall notify CMS no later than 30 days after an individual or entity has ceased to be a Care Partner or Downstream Care Partner, or ceased participation in one or more CRP Tracks. The Hospital shall include in the notice the date on which the individual or entity ceased to be a Care Partner or Downstream Care Partner, or ceased to participate in one or more CRP Tracks. The removal of the individual or entity from the Care Partner List or from the relevant CRP Track will be effective on the date the individual or entity ceased to be a Care Partner or Downstream Care Partner, or ceased to participate in the relevant CRP Track. For purposes of this Agreement, an individual or entity ceases to be a Care Partner or Downstream Care Partner when they no longer satisfy the definition of “Care Partner” or “Downstream Care Partner” in Article II of this Agreement.
Removals. 6.1 In the event that there shall cease to be a Bilateral Connection Agreement relating to any RTL Assets on User’s Land the RTL shall remove all RTL Assets from User’s Land in accordance with the provisions relating thereto contained in the Connection Agreement and the Bilateral Connection Agreement.
6.2 Where the RTL is obliged to remove any of the RTL Assets from User’s Land, whether under this Clause 6, and fails to do so in accordance with the relevant provisions, (whether they be contained in this Clause 6, Clause 3 or Clause 5) User shall be entitled to remove those RTL Assets to land belonging to the RTL and the RTL shall provide all reasonable assistance to enable User safely so to do and shall pay and reimburse to User all costs and expenses reasonably incurred by User in so doing.
Removals. CAC may from time to time agree to reacquire certain Loans and Contracts (and all Related Security with respect thereto) that the Trust seeks to transfer to Funding for further transfer to CAC in accordance with Section 2.03 of the Sale and Servicing Agreement. Any such Loans and Contracts (and Related Security) so transferred shall cease to be Conveyed Property, and Funding shall execute and deliver to CAC any assignments, termination statements and any other releases and instruments as CAC may reasonably request in order to effect and evidence the release of Funding’s security interest in such Loans and Contracts (and Related Security).
