Section 364. Each Guarantor hereby covenants that its Subsidiary Guarantee will not be discharged except by complete performance of the obligations contained in its Subsidiary Guarantee and this Indenture. If any Holder or the Trustee is required by any court or otherwise to return to either the Company or any Guarantor, or any Custodian acting in relation to either the Company or such Guarantor, any amount paid by the Company or such Guarantor to the Trustee or such Holder, the applicable Subsidiary Guarantees, to the extent theretofore discharged, shall be reinstated and be in full force and effect. Each Guarantor agrees that it will not be entitled to any right of subrogation in relation to the Holders in respect of any obligations guaranteed hereby until payment in full of all obligations guaranteed hereby. Each Guarantor further agrees that, as between such Guarantor, on the one hand, and the Holders and the Trustee, on the other hand, (i) the maturity of the obligations guaranteed hereby may be accelerated as provided in Section 6.02 hereof for the purposes of this Subsidiary Guarantee, notwithstanding any stay, injunction or other prohibition preventing such acceleration as to the Company or any other obligor on the Notes of the obligations guaranteed hereby, and (ii) in the event of any declaration of acceleration of those obligations as provided in Section 6.02 hereof, those obligations (whether or not due and payable) will forthwith become due and payable by such Guarantor for the purpose of this Subsidiary Guarantee.

Section 364. 47 Except for material that relates to student health, safety and/or material required to be maintained 48 by State or Federal law, all derogatory material that has remained in an employee’s file for more 1 than two (2) years from the date of entry, shall be considered null and void unless a continuation 2 of the same type of problem has been documented within the two (2) year period.

Section 364. The Guarantor hereby covenants that the Guarantee will not be discharged except by complete performance of the obligations contained in the Convertible Notes, the Guarantee and this Indenture. If any holder or the Trustee is required by any court or otherwise to return to either the Company or the Guarantor, or any custodian acting in relation to either the Company or the Guarantor, any amount paid by the Company or the Guarantor to the Trustee or such holder, the Guarantee, to the extent theretofore discharged, shall be reinstated in full force and effect. The Guarantor agrees that it will not be entitled to any right of subrogation in relation to the holders in respect of any obligations guaranteed hereby until payment in full of all obligations guaranteed hereby. The Guarantor agrees that, as between it, on the one hand, and the holders of Convertible Notes and the Trustee, on the other hand, (x) the maturity of the obligations guaranteed hereby may be accelerated as provided in Article 6 hereof for the purposes hereof, notwithstanding any stay, injunction or other prohibition preventing such acceleration in respect of the obligations guaranteed hereby, and (y) in the event of any acceleration of such obligations as provided in Article 6 hereof, such obligations (whether or not due and payable) shall forthwith become due and payable by the Guarantor for the purpose of its Guarantee.

Section 364. 2 The employee has the right to grieve any information contained in the official personnel file;

Related to Section 364

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 3.4 26 Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, 27 exclusive of compensation for services rendered, to appropriate officials of the Association.
Section 3.5 29 Neither the District, nor the Association, shall discriminate against any employee subject to this 30 Agreement on the basis of race, creed, color, sex, religion, age or marital status or because of a 31 disability with respect to a position, the duties of which may be performed efficiently by an individual 32 without danger to the health or safety of the disabled person or others.
Section 3.3 11 Employees subject to this Agreement have the right to have Association representatives or other 12 persons present at discussions between themselves and supervisors or other representatives of the 13 District as hereinafter provided.
Section 3.2 39 Each employee shall have the right to bring matters of personal concern to the attention of appropriate 40 Association representatives and/or appropriate officials of the District.
Section 4.4 44 The Association reserves and retains the right to delegate any right or duty contained herein, within the 45 scope of statute, to appropriate officials of the Public School Employees of Washington/SEIU Local 46 1948 State Organization.
Section 4.2 1.II Dispute Resolution Procedures is amended to insert the following paragraph to Section 4.2.1.II.A.(4): The Formal Dispute Process set forth in this section II(B) does not apply to formal disputes arising out of an Authorized User Mini-Bid or Authorized User Agreement. Formal disputes between the Contractor and the Authorized User arising out of an Authorized User Mini-Bid or Authorized User Agreement are to be handled in accordance with the process specified by the Authorized User for disputes. See Section 6.12 Mini-Bid Dispute Resolution Process.
SECTION 312 The Primary Servicer shall promptly (but in no event later than thirty (30) days after the related inspection or receipt of the inspection report, which ever is later, or collection, as applicable) forward to the Master Servicer a copy of all inspection reports prepared by the Primary Servicer and all operating statements, budgets, rent rolls and financial statements collected by the Primary Servicer. The Primary Servicer may engage a third party at its cost to perform property inspections and prepare property inspection reports without first obtaining the consent of the Master Servicer; provided, however, that the Primary Servicer shall remain obligated and primarily liable to the Master Servicer for satisfactory completion of the inspections and reports as required by this Agreement. If any inspection report identifies a “life safety” or other material deferred maintenance item existing with respect to the related Mortgaged Property, the Sub-Servicer (x) shall promptly send to the related Borrower (with a copy to the Master Servicer by email to xxxxxx@xxxxxxxxxx.xxx) a letter identifying such deferred maintenance item and instructing the related Borrower to correct such deferred maintenance item and (y) shall notify the Master Servicer (by email to xxxxxx@xxxxxxxxxx.xxx) upon resolution of such life safety or deferred maintenance item.
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.
Section 5.2 29 It is further recognized that this Agreement does not alter the responsibility of either party to meet with the 30 other party to advise, discuss or consult regarding matters concerning working conditions not covered by 31 this Agreement. 35 A R T I C L E V I 36 37 ASSOCIATION REPRESENTATION 38

Section 364 Sample Clauses

Filter & Search

Related Clauses

Related to Section 364