Retention Standing Sample Clauses

The Retention Standing clause establishes the conditions under which a party retains certain rights, assets, or responsibilities during the term of an agreement. Typically, this clause clarifies what property, funds, or information remain under the control of a party, even as other obligations or transfers occur under the contract. For example, it may specify that a service provider retains ownership of proprietary tools or data used in delivering services. The core function of this clause is to ensure clear boundaries regarding what is retained versus what is transferred, thereby preventing disputes over ownership or responsibility during and after the contractual relationship.
Retention Standing. An individual's relative position on the retention register based on length of service, relative standing, veterans preference, and retention group.
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Retention Standing. (1) Before the issuance of specific RIF notices, the Union will be provided a copy of the retention register(s) to be used to issue the notices. Amended registers will be provided to the Union as soon as they are prepared. (2) The retention register will include: the employee’s tenure group, competitive level, original service date, and the adjusted service date. (3) Employees’ performance ratings of record relevant to the issuance of specific RIF notices will be submitted to the servicing human resource office in sufficient time for retention standing to be determined. (4) When employees affected by RIF are in the same competitive level with the same subgroup, ties will be broken in the following order: (1) length of service in NOAA/AOML; (2) total NOAA service; and (3) time at the current grade level.
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Retention Standing. The procedures by which an employee’s retention standing and placement will be determined shall be executed in accordance with 5 C.F.R. Part 351, Subpart E.
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Retention Standing. A. Retention standing is derived from an incumbent’s continuous service. Continuous service starts on the date of the original appointment on a permanent or contingent permanent basis in the classified service in the jurisdiction in which abolition of position occurs. For purposes of determining original appointment, completion of probation is not required. Prior service in another municipality is not included in the employee’s retention standing unless the individual was transferred. 1) A leave of absence is not an interruption of continuous service. 2) A period of time during which an employee is on a preferred list does not constitute an interruption of continuous service. 3) A resignation followed by a reinstatement more than one year after resignation constitutes a break in service and the original appointment date is the date of reinstatement. 4) Non-permanent (Temporary, provisional or unclassified) service preceding the original appointment is not included in the computation of retention standing. However, non-permanent service immediately preceded and followed by permanent classified service does not interrupt continuous service and is included in the computation of retention standing. 5) An employee who transfers into a different municipality maintains continuous service from the employee’s original appointment in the municipality from which the employee transferred. Retention standing and eligibility for examination are derived from the date of original appointment in the municipality from which the employee transferred. B. In the case of disabled veterans, the date of original appointment shall be sixty months earlier than the actual date, while the date of original appointment of non-disabled veterans shall be thirty months earlier than the actual date. For the purpose of this Rule, the definition of “veteran” or “disabled veteran” is that contained in Section 85 of the State Civil Service Law. Spouses of veterans with a 100% service-connected disability may be entitled to additional retention standing pursuant to Section 85 of the State Civil Service Law. C. When two or more employees were originally appointed on a permanent basis on the same date from the same eligible list, their retention rights are determined by their grade on that eligible list; the person having the higher grade has the greater retention right. If their scores were the same, preference for retention is at the discretion of the appointing authority. D. Blind employees ar...
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Retention Standing. 1. ORDER OF RETENTION FOR COMPETITIVE SERVICE a. After grouping interchangeable positions into competitive levels, the Agency applies the four retention factors in establishing separate retention registers for each competitive level that may be included in the RIF. The name of each employee is listed in the retention register in the order of his or her retention standing. The retention register includes the name of each employee who holds a position in the competitive level, holds another position because of a temporary promotion from the competitive level, or is detailed from the competitive level. Employees on military duty with restoration rights are not included. Competing employees are placed on a retention register in the following groups and subgroups. The descending order of retention standing: (1) By TENURE GROUPS is: Group I, Group II, and Group III. (2) By SUBGROUPS, based upon eligibility for veteran's preference in RIF, within each tenure group is: Subgroup AD, Subgroup A, and Subgroup B. (3) By LENGTH OF SERVICE within each subgroup: Employees are ranked beginning with the earliest service date (including performance credit). b. Tenure groups for competitive service employees are comprised as follows: (1) Group I - All career employees not serving a probationary period for appointment to a competitive position and other employees specified in 5 CFR 351.501(b)(1) (i) - (iv). (2) Group II - All career-conditional employees, all employees serving a probationary period for initial appointment to a competitive position, and employees whose tenure status is pending final resolution by OPM.
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Retention Standing. (1) The retention register will be prepared in accordance with 5 CFR 351. (2) Management will provide a copy of the retention register, including the employee’s tenure group, competitive level, service computation date and adjusted service computation date, to the Union at the time specific RIF notices are issued. (3) Employees who have received a specific notice (or their designated representative) will be permitted to review the applicable retention register so that the employee may consider how the competitive level was constructed and how the relative standing of the employee was determined. (4) When employees affected by RIF are in the same competitive level with the same length of service as computed under 5 C.F.R. 351.503 and the same subgroup, ties will be broken in the following order: (a) length of service in AOC; (b) total NOAA service; and (c) time at the current grade level.
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Retention Standing. An employee’s position on the retention register. Pursuant to 5 CFR 351.501 through 504, competing employees will be classified on the retention register on the basis of their tenure, veteran preference, and length of service (augmented by performance) within their subgroup.
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Retention Standing. When two or more Employees are tied in retention standing, i.e., two Employees in the same subgroup have the same service computation date, and one or more but not all tied Employees must be released from the competitive level, DOE shall break the tie on the basis of: A. length of DOE service, and if a tie remains; B. time in grade, and if a tie remains; C. time within the organizational element, and if a tie remains; D. by lottery.
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Retention Standing. (1) Before the issuance of specific RIF notices, the Union will be provided a copy of the annotated retention register(s) to be used to issue the notices. Amended registers will be provided to the Union as soon as they are prepared. (2) The retention register will include: the employee's tenure group, competitive level, and original service date; and the ad­justed service date. (3) Employees and/or their designated representative(s) will be permit­ted to review the applicable retention register so that the employee may consider how the competitive level was constructed and how the relative standing of the employee was determined. (4) Employees' performance ratings of record relevant to the issuance of specific RIF notices will be submitted to the servicing personnel office in sufficient time for retention standing to be determined. The due date would ordinarily be no more than 15 calendar days prior to the issuance date of specific notices. (5) When employees affected by RIF are in the same competitive level with the same length of service as computed under 5 C.F.R. 351.503, as augmented by credit for performance under 5 C.F.R. 351.504, and the same subgroup, ties will be broken in the follow­ing order: (1) length of service in NOAA-GC; (2) total NOAA service; and (3) ­time at the current grade level.
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Related to Retention Standing

  • Organization; Standing (a) Purchaser is a corporation, duly organized, validly existing and in good standing under the Laws of the State of Delaware and has all requisite corporate power and authority to operate its business as now conducted. Purchaser is duly qualified or licensed as a foreign corporation to do business, and is in good standing (where such concept is recognized under applicable Law), in each jurisdiction in which the nature of the business conducted by it or the character or location of the properties and assets owned or leased by it makes such licensing or qualification necessary, except to the extent that the failure to be so licensed or qualified and in good standing would not, individually or in the aggregate, reasonably be expected to materially and adversely affect the ability of Purchaser to carry out its obligations under this Agreement or the Ancillary Agreements and to consummate the Transactions. (b) Each Designated Purchaser (other than Purchaser) is an entity duly organized, validly existing and in good standing (where such concept is recognized under applicable Law) under the Laws of the jurisdiction of its organization, except to the extent that the failure to be in good standing individually or in the aggregate would not reasonably be expected to materially and adversely affect the ability of such Designated Purchaser to carry out its obligations under this Agreement or the Ancillary Agreements and to consummate the Transactions. Each Designated Purchaser (other than Purchaser) has all requisite corporate or limited liability company power and corporate or limited liability company authority necessary to carry on its business as now conducted. Each Designated Purchaser (other than Purchaser) is duly licensed or qualified as a foreign entity to do business, and is in good standing (where such concept is recognized under applicable Law), in each jurisdiction in which the nature of the business conducted by it or the character or location of the properties and assets owned or leased by it makes such licensing or qualification necessary, except to the extent that the failure to be so organized, existing, qualified or licensed and in good standing would not, individually or in the aggregate, reasonably be expected to materially and adversely affect the ability of any Designated Purchaser to carry out its obligations under this Agreement or the Ancillary Agreements and to consummate the Transactions.

  • Organization, Standing, Etc Such Borrower is a corporation or trust duly organized, validly existing, and in good standing under applicable state laws and has all requisite corporate or trust power and authority to carry on its respective businesses as now conducted and proposed to be conducted, to enter into this Agreement and all other documents to be executed by it in connection with the transactions contemplated hereby, to issue and borrow under the Note and to carry out the terms hereof and thereof;

  • Registration Statement and Proxy Statement (a) Acquirer and the Company shall file with the SEC as soon as is reasonably practicable after the date hereof the Joint Proxy Statement/Prospectus and Acquirer shall file the Registration Statement in which the Joint Proxy Statement/Prospectus shall be included. Acquirer and the Company shall use all commercially reasonable efforts to have the Registration Statement declared effective by the SEC as promptly as practicable. Acquirer shall also take any action required to be taken under applicable state blue sky or securities laws in connection with the issuance of shares of Acquirer Common Stock pursuant to this Agreement. Acquirer and the Company shall promptly furnish to each other all information, and take such other actions, as may reasonably be requested in connection with any action by any of them in connection with this Section 7.2(a). (b) If at any time prior to the Effective Time any event shall occur which is required to be described in the Joint Proxy Statement/Prospectus or Form S-4, such event shall be so described, and an amendment or supplement shall be promptly filed with the SEC and, as required by law, disseminated to the stockholders of Acquirer and the Company; provided that no amendment or supplement to the Joint Proxy Statement/Prospectus or the Form S-4 will be made by Acquirer or the Company without the approval of the other party. To the extent applicable, each of Acquirer and the Company will advise the other, promptly after it receives notice thereof, of the time when the Form S-4 has become effective or any supplement or amendment has been filed, the issuance of any stop order, the suspension of the qualification of the shares of Acquirer Common Stock issuable in connection with the Merger for offering or sale in any jurisdiction, or any request by the SEC for amendment of the Joint Proxy Statement/Prospectus or the Form S-4 or comments thereon and responses thereto or requests by the SEC for additional information. (c) Acquirer and the Company shall each use all commercially reasonable efforts to cause to be delivered to the other a comfort letter of its independent auditors, dated a date within two business days of the effective date of the Form S-4, in form reasonably satisfactory to the other party and customary in scope and substance for such letters in connection with similar registration statements.

  • Preparation of the Proxy Statement; Stockholders Meeting (a) As promptly as practicable following the date of this Agreement, the Company and Parent shall prepare and file with the SEC the Proxy Statement and the Company shall use its reasonable efforts to respond as promptly as practicable to any comments of the SEC with respect thereto and to cause the Proxy Statement to be mailed to the Company's stockholders as promptly as practicable following the date of this Agreement. The Company shall promptly notify Parent upon the receipt of any comments from the SEC or its staff or any request from the SEC or its staff for amendments or supplements to the Proxy Statement and shall provide Parent with copies of all correspondence between the Company and its representatives, on the one hand, and the SEC and its staff, on the other hand. Notwithstanding the foregoing, prior to filing or mailing the Proxy Statement (or any amendment or supplement thereto) or responding to any comments of the SEC with respect thereto, the Company (i) shall provide Parent an opportunity to review and comment on such document or response, (ii) shall include in such document or response all comments reasonably proposed by Parent and (iii) shall not file or mail such document or respond to the SEC prior to receiving Parent's approval, which approval shall not be unreasonably withheld or delayed. (b) The Company shall, as promptly as practicable following the date of this Agreement, establish a record date (which will be as promptly as reasonably practicable following the date of this Agreement) for, duly call, give notice of, convene and hold a meeting of its stockholders (the "Stockholders Meeting") for the purpose of obtaining the Stockholder Approval, regardless of whether an Adverse Recommendation Change has occurred at any time after the date of this Agreement. The Company shall use its reasonable best efforts to cause the Stockholders Meeting to be held as promptly as practicable following the date of this Agreement. The Company shall, through its Board of Directors, recommend to its stockholders that they adopt this Agreement, and shall include such recommendation in the Proxy Statement, in each case subject to its rights under Section 4.02(b)(i). Without limiting the generality of the foregoing, the Company agrees that its obligations pursuant to this Section 5.01(b) shall not be affected by the commencement, public proposal, public disclosure or communication to the Company or any other person of any Takeover Proposal.

  • Preparation of Proxy Statement; Stockholders Meeting As promptly as reasonably practicable following the date of this Agreement, but no later than June 25, 2010, the Company shall prepare and cause to be filed with the SEC a preliminary proxy statement to be sent to the stockholders of the Company relating to the Company’s stockholders meeting (together with any amendments or supplements thereto, the “Proxy Statement”). The Company shall use its reasonable best efforts to finalize the Proxy Statement as promptly as possible after such filing. The Company shall promptly notify Phoenix upon the receipt of any comments from the SEC or any request from the SEC for amendments or supplements to the Proxy Statement and shall provide Phoenix with copies of all correspondence between it and its representatives, on the one hand, and the SEC, on the other hand. Phoenix shall have the opportunity to review and approve in its reasonable discretion the proxy statement and all amendments thereto and all correspondence from the Company and its representatives to the SEC related to the Company stockholders meeting (the “Stockholders Meeting”) prior to filing with the SEC. The Company shall, as soon as reasonably practicable following the date the SEC completes review of the Proxy Statement or notifies the Company that it will not review the Proxy Statement, duly call and give notice to the Company stockholders by mailing the definitive Proxy Statement, convene and hold the Stockholders Meeting for the purpose of seeking Company stockholder approval and to solicit such approval from the stockholders. In connection with the Stockholders Meeting, the Company shall, through the Board, recommend to its stockholders that they approve (a) an increase in (i) its authorized shares of Common Stock to 519,000,000 and (ii) its authorized shares of Preferred Stock to 16,000,000, (b) the Amended and Restated Certificate of Designation (Series A-1) and (c) elect four directors to the Board. The Company shall within one (1) Business Day of obtaining such stockholder approvals in accordance with the terms of this Agreement, the Exchange Agreement and the Investor Rights Agreement, take all requisite actions (including the filing of the Charter Amendment, the Certificate of Designation (Series B) and the Amended and Restated Certificate of Designation (Series A-1) with the Secretary of State of the State of Delaware) to effect approvals and consummate the transactions contemplated by this Agreement and the other Transaction Documents, including the Exchange Agreement.