Section 1 G Sample Clauses

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 30 consists solely of a corporate form restructuring that creates a parent holding company of 31 the Company, whose shareholders and Board of Directors at the closing of the transaction 32 are substantially the same as the shareholders and Board of Directors of the Company 34 transaction during the Company’s Chapter 11 reorganization or to a plan of 35 reorganization resulting in emergence from Chapter 11.
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Section 1 G. 1. will not apply to any entity that is an IRS qualified employee benefit plan 43 of the Company (or a parent), or a trustee or other fiduciary of such plan acting in its 44 capacity as such, provided that the plan is one in which (i) all pilots who meet the general 45 service requirements applicable to all participants are entitled to participate; (ii) stock of 46 the Company or Company affiliate allocated to accounts of participants is voted in 1 accordance with the instructions of the participants if any are given and (iii) the trustee 2 voting unallocated stock is a nationally recognized bank or financial institution. If stock 3 in the plan which is not required to be voted in accordance with directions of the 4 participants is tendered to an entity outside the plan, such stock will be deemed to be no 5 longer owned by the plan for purposes of Section 1 G. 3.
Sample 1
Section 1 G. 1. will not apply to any entity that is an IRS qualified employee benefit plan 45 of the Company (or a parent), or a trustee or other fiduciary of such plan acting in its 46 capacity as such, provided that the plan is one in which (i) all pilots who meet the general 1 service requirements applicable to all participants are entitled to participate; (ii) stock of 2 the Company or affiliate allocated to accounts of participants is voted in accordance with 3 the instructions of the participants if any are given and (iii) the trustee voting unallocated 4 stock is a nationally recognized bank or financial institution. If stock in the plan which is 5 not required to be voted in accordance with directions of the participants is tendered to an 6 entity outside the plan, such stock will be deemed to be no longer owned by the plan for 7 purposes of Section 1 G. 3. 9 H. Opportunity to Make Competing Proposal 10 11 In the event the Company receives a proposal for a transaction that would, if completed, 12 result in a successor or change in control, and the Company determines to pursue or facilitate 13 the proposal the Company and/or affiliate will in good faith seek to provide the Association 14 with the opportunity to make a competing proposal at such time and under such 15 circumstances as the Board of Directors of the Company and/or affiliate reasonably 16 determines to be consistent with their fiduciary duties. 17 18 I. General Furlough Protection 19 20 1. No pilot on the seniority list as of July 1, 2001 will be placed on furlough on less than 90 21 days advance written notice. 22 2. No pilot on the seniority list as of July 1, 2001 will be placed on furlough if the staffing at 23 the time of notice or at time of furlough is less than the PBS Staffing Formula 24 (Section 22 C.) for any position. 25 3. The Company will be excused from compliance with the provisions of
Sample 1

Related to Section 1 G

  • Section 12 contained herein shall be construed to include in the bargaining unit any person whose duties 44 as deputy, administrative assistant, supervisor, xxxxxxx or secretary necessarily imply a confidential 45 relationship to the Board of Directors or Superintendent of the District pursuant to RCW 41.56.030 (2).

  • Section 14 Upon timely request, the Department of Administrative Services shall make available at no cost to the Union the latest copy of any SEIU Local 503, OPEU bargaining unit employee statistical and expenditure reports relative to employment and benefits currently produced by the Department of Administrative Services which do not require manual or machine editing to remove confidential data or non-SEIU Local 503, OPEU bargaining unit employee data. Such request must be made in advance of the preparation of the reports. If new and appropriate employee statistical and expenditure reports are produced by the Department of Administrative Services, the Department and the Union may mutually agree in advance to provide such reports at no cost.

  • Section 4.3 12 The Association reserves and retains the right to delegate any right or duty contained herein to 13 appropriate officials of the Public School Employees of Washington State Organization.

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Section 17 Right Certificate Holder Not Deemed a Stockholder................13 Section 18. Concerning the Rights Agent......................................14 Section 19. Merger or Consolidation or Change of Name of Rights Agent........14 Section 20.

  • Section 10 11. Article 10 Not To Prevent Events of Default or Limit Right To Accelerate..................... 91 SECTION 10.12. Trust Moneys Not Subordinated................................................................ 91 SECTION 10.13. Trustee Entitled To Rely..................................................................... 92 SECTION 10.14.

  • Section 11.1 28 The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 29 of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided.

  • SECTION 114 Language of Notices, Etc........................... 16

  • Section 11.3 No Personal Liability of Directors, Officers, Employees, Stockholders or Incorporators........................... 31

  • Section 6.2 13 The Association representatives may represent the Association and employees in meeting with officials 14 of the District to discuss appropriate matters of mutual interest. They may receive and investigate to 15 conclusion complaints or grievances of employees on District time and thereafter advise employees of 16 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 17 the grievances or complaints. They may not, however, continue to advise the employee on courses of 18 action after the employee has indicated a desire not to pursue a grievance. This does not, however, 19 preclude the Association's right to pursue the matter to conclusion. They may consult with the District 20 on complaints without a grievance being made by an individual employee.

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