RESERVATION OF COMPANY RIGHTS Sample Clauses

RESERVATION OF COMPANY RIGHTS. It is the exclusive function of the COMPANY, subject to the terms and conditions of this Agreement, to: (a) maintain order, discipline and efficiency; (b) hire, classify, discharge, transfer, promote, demote or discipline Foremen, provided that a claim of discriminatory promotion, demotion or transfer, or a claim that a Xxxxxxx has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided; (c) Generally to manage the industrial enterprise in which the COMPANY is engaged, and without restricting the generality of the foregoing, to determine the number and location of operations, the products to be handled, the methods of operating, schedules of production, kinds and location of machines, tools, equipment and gear to be used, and operating processes, and to determine and establish standards of performance; (d) the COMPANY may establish from time to time rules and regulations governing Foremen covered by this Agreement, providing that such rules and regulations are: (i) not inconsistent with the provisions of this Agreement; (ii) clear and precise; (iii) not unreasonable nor discriminatory; (iv) communicated to the Foremen before implementation.
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RESERVATION OF COMPANY RIGHTS. 4:01 The Union acknowledges that it is the right of the Company to : (a) Maintain order, discipline and efficiency. (b) Hire, promote, demote, transfer, suspend, discipline, or discharge for proper cause, any employee subject to the right of the employee to submit a grievance. (c) Operate and manage its business in all respects in accordance with its obligations and to make and alter, from time to time, rules and regulations consistent with the provisions of the Agreement. (d) Determine the number and location of plants, the products to be manufactured, methods of manufacturing, schedules of production, types and locations of machines and tools to be used, process of manufacturing and designing of its products, and the control of materials and parts to be incorporated in the products produced. 4:02 Employees outside of the bargaining unit shall not perform the physical or manual work which is normally performed by employees in the bargaining unit, except where such work is for the purpose of instruction, inspection, investigation, experimentation or development. 4:03 The Union recognizes the Company practice of having outside contractors perform work in or about the plant. The Company will, however, maintain its policy of not using outside contractors to replace bargaining unit employees unless it is deemed by the Company to be essential. 4:04 The above functions shall be exercised in a manner consistent with and subject to the other provisions of the Agreement.
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RESERVATION OF COMPANY RIGHTS. The existence of this Agreement shall not affect in any way the right or power of the Company or its shareholders to authorize any adjustments, recapitalizations or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of bonds, debentures, preferred or prior preference stocks ahead of or convertible into, or otherwise affecting the Shares or the rights thereof, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of its assets or business, or any corporate act or proceeding, whether of similar nature or character.
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RESERVATION OF COMPANY RIGHTS. The Union acknowledges that it is the right of the Company to :
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RESERVATION OF COMPANY RIGHTS. It is the exclusive function of COMPANY, subject to the terms and conditions of this Appendix, to: (a) maintain order, discipline and efficiency; (b) hire, classify, discharge, transfer, promote, demote or discipline Despatchers or Ship Planners, provided that a claim of discriminatory promotion, demotion or transfer, or a claim that a Despatcher or Ship Planner has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided; (c) generally to manage the industrial enterprise in which the COMPANY is engaged, and without restricting the generality of the foregoing, to determine the number and location of operations, the products to be handled, the methods of operating, schedules of production, kinds and location of machines, tools, equipment and gear to be used, and operating processes, and to determine and establish standards of performance; (d) The COMPANY may establish from time to time rules and regulations governing Despatchers or Ship Planners covered by this Appendix, providing that such rules and regulations are:
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RESERVATION OF COMPANY RIGHTS. It is the exclusive function of COMPANY, subject to the terms and conditions of this Appendix, to: (a) maintain order, discipline and efficiency; (b) hire, classify, discharge, transfer, promote, demote or discipline Despatchers or Ship Planners, provided that a claim of discriminatory promotion, demotion or transfer, or a claim that a Despatcher or Ship Planner has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided; (c) generally to manage the industrial enterprise in which the COMPANY is engaged, and without restricting the generality of the foregoing, to determine the number and location of operations, the products to be handled, the methods of operating, schedules of production, kinds and location of machines, tools, equipment and gear to be used, and operating processes, and to determine and establish standards of performance; (d) The COMPANY may establish from time to time rules and regulations governing Despatchers or Ship Planners covered by this Appendix, providing that such rules and regulations are: (i) not inconsistent with the provisions of this Appendix; (ii) clear and precise; (iii) not unreasonable nor discriminatory; (iv) communicated to the Despatchers or Ship Planners before implementation.
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RESERVATION OF COMPANY RIGHTS. It is the exclusive function of the COMPANY, subject to the terms and conditions of this Agreement, to:
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RESERVATION OF COMPANY RIGHTS. Nothing in this Second Amendment shall be deemed a waiver of any rights or remedies of Company, all of which are hereby expressly reserved.
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RESERVATION OF COMPANY RIGHTS. Subject to Section 4(i) hereof, the Company reserves the right to sell, and may solicit and accept offers to purchase, Notes directly on its own behalf; PROVIDED, HOWEVER, that if at the time of any such sales the Agent is posting terms and conditions for the purchase and sale of the Notes, such sales shall be on substantially the same terms and conditions as then posted by the Agent; PROVIDED FURTHER, that in the case of any such sales not resulting from a solicitation made by the Agent, no commission shall be payable to the Agent with respect to such sales.
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Related to RESERVATION OF COMPANY RIGHTS

  • RESERVATION OF NAME The Investment Adviser shall at all times have all rights in and to the Portfolio’s name and all investment models used by or on behalf of the Portfolio. The Investment Adviser may use the Portfolio’s name or any portion thereof in connection with any other mutual fund or business activity without the consent of any shareholder and the Fund shall execute and deliver any and all documents required to indicate the consent of the Fund to such use. The Fund hereby agrees that in the event that neither the Investment Adviser nor any of its affiliates acts as investment adviser to the Portfolio, the name of the Portfolio will be changed to one that does not suggest an affiliation with the Investment Adviser.

  • Reservation of Rights NYISO and Connecting Transmission Owner shall have the right to make unilateral filings with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Developer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein.

  • RESERVATION OF RIGHTS AND OWNERSHIP PFU or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is protected by copyright and other intellectual property laws and treaties. Except as expressly stated herein, this XXXX does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by PFU and its suppliers.

  • Reservation of Common Shares As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of Common Shares for the purpose of enabling the Company to issue Shares pursuant to this Agreement and Warrant Shares pursuant to any exercise of the Warrants.

  • RESERVATION OF MANAGEMENT RIGHTS Management of Company and the direction of the working forces are vested solely and exclusively in the Company, and shall not be abridged except by specific restrictions as set forth in this Agreement. The Management Rights, as set out herein, shall not be deemed to exclude the other rights of Management at common law.

  • Preservation of Corporate Existence and Related Matters Except as permitted by Section 10.4, preserve and maintain its legal existence and all material rights, franchises, licenses and privileges and qualify and remain qualified as a foreign corporation and authorized to do business in each jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.

  • RESERVATION OF STOCK, ETC ISSUABLE ON EXERCISE OF WARRANT; FINANCIAL STATEMENTS. The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of the Warrants, all shares of Common Stock (or Other Securities) from time to time issuable on the exercise of the Warrant. This Warrant entitles the Holder hereof to receive copies of all financial and other information distributed or required to be distributed to the holders of the Company's Common Stock.

  • Preservation of Rights No delay or omission of the Lenders or the Administrative Agent to exercise any right under the Loan Documents shall impair such right or be construed to be a waiver of any Default or an acquiescence therein, and the making of a Loan notwithstanding the existence of a Default or the inability of the Borrower to satisfy the conditions precedent to such Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Loan Documents whatsoever shall be valid unless in writing signed by the Lenders required pursuant to Section 8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Lenders until the Obligations have been paid in full.

  • Suspension of Sales; Adverse Disclosure; Restrictions on Registration Rights 3.4.1 Upon receipt of written notice from the Company that: (a) a Registration Statement or Prospectus contains a Misstatement; or (b) any request by the Commission for any amendment or supplement to any Registration Statement or Prospectus or for additional information or of the occurrence of an event requiring the preparation of a supplement or amendment to such Prospectus so that, as thereafter delivered to the purchasers of the securities covered by such Registration Statement or Prospectus, such Registration Statement or Prospectus will not contain an untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, each of the Holders shall forthwith discontinue disposition of Registrable Securities pursuant to such Registration Statement covering such Registrable Securities until it has received copies of a supplemented or amended Prospectus (it being understood that the Company hereby covenants to prepare and file such supplement or amendment as soon as reasonably practicable after the time of such notice) or until it is advised in writing by the Company that the use of the Prospectus may be resumed, and, if so directed by the Company, each such Holder will deliver to the Company all copies, other than permanent file copies then in such Holder’s possession, of the most recent Prospectus covering such Registrable Securities at the time of receipt of such notice. In the event that a Holder exercises a demand right pursuant to Section 2.1 and the related offering is expected to, or may, occur during a quarterly earnings blackout period of the Company (such blackout periods determined in accordance with the Company’s written xxxxxxx xxxxxxx compliance program adopted by the Board), the Company and such Holder shall act reasonably and work cooperatively in view of such quarterly earnings blackout period. 3.4.2 Subject to Section 3.4.4, if the filing, initial effectiveness or continued use of a Registration Statement in respect of any Registration at any time would (a) require the Company to make an Adverse Disclosure or (b) require the inclusion in such Registration Statement of financial statements that are unavailable to the Company for reasons beyond the Company’s control, or (c) in the good faith judgment of the majority of the Board such Registration, be seriously detrimental to the Company and the majority of the Board concludes as a result that it is essential to defer such filing, initial effectiveness or continued use at such time, the Company may, upon giving prompt written notice of such action to the Holders, delay the filing or initial effectiveness of, or suspend use of, such Registration Statement for the shortest period of time, but in no event more than ninety (90) consecutive days, during any 12-month period. In the event the Company exercises its rights under this Section 3.4.2, the Holders agree to suspend, immediately upon their receipt of the notice referred to above, their use of the Prospectus relating to any Registration in connection with any sale or offer to sell Registrable Securities until such Holder receives written notice from the Company that such sales or offers of Registrable Securities may be resumed, and in each case maintain the confidentiality of such notice and its contents. (a) During the period starting with the date thirty (30) days prior to the Company’s good faith estimate of the date of the filing of, and ending on a date ninety (90) days after the effective date of, a Company-initiated Registration, and provided that the Company continues to actively employ, in good faith, all reasonable efforts to maintain the effectiveness of the applicable Shelf Registration Statement, the Company may, upon giving prompt written notice of such action to the Holders, delay any other registered offering pursuant to Section 2.1.4 and, (b) during the period starting with the date fifteen (15) days prior to the Company’s good faith estimate of the date of the filing of, and ending on a date forty five (45) days after the effective date of, a Company-initiated Registration, and provided that the Company continues to actively employ, in good faith, all reasonable efforts to maintain the effectiveness of the applicable Shelf Registration Statement, the Company may, upon giving prompt written notice of such action to the Holders, delay any other registered offering pursuant to Section 2.4. 3.4.4 The right to delay or suspend any filing, initial effectiveness or continued use of a Registration Statement pursuant to Section 3.4.2 or a registered offering pursuant to Section 3.4.3 shall be exercised by the Company, in the aggregate, on not more than three (3) occasions, or for more than ninety (90) consecutive calendar days, or more than one hundred and twenty (120) total calendar days, in each case during any twelve (12)-month period.

  • Authorization and Reservation of Shares The Company shall at all times have authorized, and reserved for the purpose of issuance, a sufficient number of shares of Common Stock to provide for the full conversion or exercise of the outstanding Note and issuance of the Conversion Shares in connection therewith (based on the Conversion Price of the Note in effect from time to time) and as otherwise required by the Note. The Company shall not reduce the number of shares of Common Stock reserved for issuance upon conversion of Note without the consent of the Buyer. The Company shall at all times maintain the number of shares of Common Stock so reserved for issuance at an amount (“Reserved Amount”) equal to five times the number that is then actually issuable upon full conversion of the Note and Additional Note (based on the Conversion Price of the Note in effect from time to time). If at any time the number of shares of Common Stock authorized and reserved for issuance (“Authorized and Reserved Shares”) is below the Reserved Amount, the Company will promptly take all corporate action necessary to authorize and reserve a sufficient number of shares, including, without limitation, calling a special meeting of shareholders to authorize additional shares to meet the Company’s obligations under this Section 4(g), in the case of an insufficient number of authorized shares, obtain shareholder approval of an increase in such authorized number of shares, and voting the management shares of the Company in favor of an increase in the authorized shares of the Company to ensure that the number of authorized shares is sufficient to meet the Reserved Amount. If the Company fails to obtain such shareholder approval within thirty (30) days following the date on which the number of Reserved Amount exceeds the Authorized and Reserved Shares, the Company shall pay to the Buyer the Standard Liquidated Damages Amount, in cash or in shares of Common Stock at the option of the Buyer. If the Buyer elects to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment. In order to ensure that the Company has authorized a sufficient amount of shares to meet the Reserved Amount at all times, the Company must deliver to the Buyer at the end of every month a list detailing (1) the current amount of shares authorized by the Company and reserved for the Buyer; and (2) amount of shares issuable upon conversion of the Note and as payment of interest accrued on the Note for one year. If the Company fails to provide such list within five (5) business days of the end of each month, the Company shall pay the Standard Liquidated Damages Amount, in cash or in shares of Common Stock at the option of the Buyer, until the list is delivered. If the Buyer elects to be paid the Standard Liquidated Damages Amount in shares of Common Stock, such shares shall be issued at the Conversion Price at the time of payment.

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